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Is This Worth Filing An Nod?

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rodin57

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Okay, I'll be extra hard on myself. I filed a claim for tinnitus on 04-13-10. Today (10-07-11) I received the manilla colored envelope. The VA continued my other ratings, as well as my pay. The VA denied my claim for tinnitus, due to no mention in my medical records. However, when I filed my claim, I included a copy of my OER which specifically mentioned the incident (2,000 lb battery explosion) which was the main cause of my tinnitus. I was ignorant about the medical aspects of tinnitus in 1985- there was no internet back then- so I never went to the flight surgeon to complain about my tinnitus. I know, I was stupid.

The thing that bugs me is the VA seemed to ignore my OER as evidence. I am not inclined to file an NOD, since I have no other evidence. Any advice would be appreciated. Attached is a copy of the VA write-up for my denial.

(Also, for all my claims tracking fans out there, if I file an NOD should I start trying to track that too? - just kidding)

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Okay, I'll be extra hard on myself. I filed a claim for tinnitus on 04-13-10. Today (10-07-11) I received the manilla colored envelope. The VA continued my other ratings, as well as my pay. The VA denied my claim for tinnitus, due to no mention in my medical records. However, when I filed my claim, I included a copy of my OER which specifically mentioned the incident (2,000 lb battery explosion) which was the main cause of my tinnitus. I was ignorant about the medical aspects of tinnitus in 1985- there was no internet back then- so I never went to the flight surgeon to complain about my tinnitus. I know, I was stupid.

The thing that bugs me is the VA seemed to ignore my OER as evidence. I am not inclined to file an NOD, since I have no other evidence. Any advice would be appreciated. Attached is a copy of the VA write-up for my denial.

(Also, for all my claims tracking fans out there, if I file an NOD should I start trying to track that too? - just kidding)

rodin,

Going by the rating decision - the "battery explosion" was considered as part of the medical evidence of record.

You posted that this "was the main cause of my tinnitus", but going by the info on the rating decision,the examiner didn't bother to even refer to it.

I myself, would get my hands on a copy of the examiner's report to be sure of exactly what was or was not

stated on the examination conducted on Nov 10,2010. Sometimes the decision makers hone in on what would

support a denial of the benefit sought and omit referring to evidence,that would help support the claim.

I feel you will need an IMO from a credentialed audiologist to review you records and state this in writing.

Doing so and submitting it to VA with a NOD will at least get an additional C&P exam scheduled or perhaps

application of the BOD. This should fully rebut the results from the prior examination and warrant a grant of

the benefit requested.

JMHO

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I myself, would get my hands on a copy of the examiner's report

The examiner's report, is that what I ask for? When I make my request, who do I ask? Verbally? In writing?

Thanks,

/noob

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If you do a FOIA request, they have to (are supposed to, anyway) respond within 20 business days. They complied when I did my last request, and yes, I would refer to any and all reports and documents used to make the decision. I'd like to see for myself just how many things were/were not used. Then when writing the response, I quote their decision & notes with references, and as Carlie stated, rebut with proper evidence. Treat them like the IRS at this point...

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Go to ROI at the VAMC the exam was done at.

Sign the ROI form they give you and request a copy of the exam done Nov 10,2010.

I would also go ahead and request they mail you updated copies of all your medical records

and progress notes that they have on the computerized system.

JMHO

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I 'll write the NOD letter, and mail it this week. Do I need to include any additional info with the NOD letter? (I need to do a FOIA and ROI and I don't think it would be a good idea to wait on the NOD if I don't have to.)

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