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Question On Rating Of Hearing.

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kingmom25

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Ok here we go, husband is 100% TDIU & P&T. Went for a hearing test in 2003 and was rated by the Cleveland Regional Office, SC at 0%.

Went for a hearing test today and was told that he had a paper that said he was denied for SC and showed him where he was not rated at all for his hearing. He also had Jim's services records from when he was discharged where it stated that he had significant hearing loss. His hearing tested fine before entering the service. Jim has never seen these records. Now where do you think we should go with this? The guy that gave the hearing test seems to think that Jim should have been SC all of these years for his hearing.

Thank you

Aimee

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"He also had Jim's services records from when he was discharged where it stated that he had significant hearing loss. His hearing tested fine before entering the service. "

Do yu have copy of his SMR's?

VA should certainly have had them when they gave the "0" rating.

Since one year has passed since to denial and you didnt appeal it ???

Then a CUE can bring back the retro but you have to state the CUE as to the VA's violation of 38 USC 5107 and tell them about what you stated here.

1. a final denial decision

2. evidence in VA's possession at time of that claim that proves it was and still is SC hearing loss

3. Manifestly diferent outcome- ie: more retro money.

That would be a CUE claim.

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"He also had Jim's services records from when he was discharged where it stated that he had significant hearing loss. His hearing tested fine before entering the service. "

Do yu have copy of his SMR's?

VA should certainly have had them when they gave the "0" rating.

Since one year has passed since to denial and you didnt appeal it ???

Then a CUE can bring back the retro but you have to state the CUE as to the VA's violation of 38 USC 5107 and tell them about what you stated here.

1. a final denial decision

2. evidence in VA's possession at time of that claim that proves it was and still is SC hearing loss

3. Manifestly diferent outcome- ie: more retro money.

That would be a CUE claim.

There is where the crazy thing comes in. He was rated in 2003 at 0% SC for hearing. The guy that tested him show him a paper today that said that they had denied his claim and showed him that he was not rated at 0%. We have a rating from Cleveland from 2003 that said that he was 0%. We even got the free life insurance based on this NEW claim. Someone is really screwed up

Thank you

Aimee

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  • In Memoriam

Aimee- --

Iff he's 100% and P & T, why not just "take the money and run" rather than pursuing a claim with low-ball ratingss built into 38 CFR? Most vets should be so lucky.\

I won't take these claims unless there is a good claim for retroactive benefits (and there ar few) or if it involves a ife-threatening illness to improve the chances on DIC.

alex

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