Jump to content
  • 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

  • VA Watchdog

  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
rodin57

Is This Worth Filing An Nod?

Question

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)

post-11906-0-87300500-1318004530_thumb.j

Edited by rodin57

Share this post


Link to post
Share on other sites

Recommended Posts

What do you have to lose by filing the NOD?

Share this post


Link to post
Share on other sites

Ad

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines