Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
manning01

Tinnitus C&p Exam Issues

Question

I finally had a C&P exam on Aug 12th at the VAMC Phoenix for a Bilateral Tinnitus claim I submitted back in May of this year. I just received a copy of the C&P exam I asked for through the ROI office there and not happy what I seen in it. I'm a 20+ year Air Force veteran recently retired on Sept 2010, 2 time OIF deployments and worked on fighter aircraft specifically the F-16 for all that time as a Crew Chief/Aircraft Mechanic. When I went in for the exam everything went well and I explained what I did and my AFSC and the Audiologist seemed to understand oh you worked around jet engines all those years, high power, takeoffs etc. I tried to show her a copy of my SMR and she refused to touch it and also a copy of my medical and OSHA paperwork saying I was on the USAF hearing conservation program for over 20 years and exposed to excessive high noise daily in my work and she took those but not my SMR. But when I read the C&P exam report she selected the statement "Cannot provide a medical opinion regarding the etiology of the veteran's tinnitus without resorting to speculation". The reason given was " Since the C-File is unavailable for review. It is not possible to determine whether tinnitus is related to military service without resort to mere speculation". The papers in her folder she had said I was active duty and my AFSC etc and she blatantly lied in the area 2 under evidence review stating no evidence was reviewed that was not submitted in the C file when I gave her some paperwork that she took as evidence. I can't believe she did that and why the Phoenix RO didn't send over my C file when they are less than a 1/2 mile away and have they have my SMR and my claim is another concern. What can I do besides let them sit on this for another year or longer till they deny it and then have to appeal it over her incompetence and have this held up for years. Can the DAV Rep do anything on getting this fixed now before this sits in the VA black hole for denial and appeal or don't worry about it the claims people will see all my documented paperwork I submitted for the claim and this won't carry really any weight in their decision? Any help and guidance is greatly appreciated.

Share this post


Link to post
Share on other sites

Recommended Posts

Welcome to Hadit

Share this post


Link to post
Share on other sites

Ad

I, personally, believe the VA's general counsel has instructed them to use that "without resorting to speculation" phrase as a way to extend the period resolving the case and getting the claimant to give up in frustration. jmo

pr

Share this post


Link to post
Share on other sites

Welcome Aboard

I would request the va to give you another C&P exam due to the examiner didn't have in her possession your c;file for a fair examination. They won't admit to it, but I think someone screwed up and didn't request it for the exam. JMO

Coot

Share this post


Link to post
Share on other sites

Welcome Aboard

I would request the va to give you another C&P exam due to the examiner didn't have in her possession your c;file for a fair examination. They won't admit to it, but I think someone screwed up and didn't request it for the exam. JMO

Coot

Thanks Coot and Pete53. How would I go about requesting another C&P exam before my C file goes into the decision phase and collects dust? I'd rather have them redo the exam now verse waiting a year or two till they eventually decide my claim and deal with it then.

Edited by manning01

Share this post


Link to post
Share on other sites

I would find myself a private audiologist - make an appointment -

take pertinent SMR's with me (for their opinion and to refer to) and get an IMO.

Then I would submit it ASAP if it shows support for a diagnosis of recurrent Tinnitus that is as likely as not . . .

JMHO

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines