Official Sucess

[COOL BREEZE]

After finally arriving home from my extended vacation, I received the official letter from the VA of my decision. Of course I already knew this unofficially from ebenefits and from the 800 # while on vacation. And I had also received the new pay from 2 deposits, the regular monthly deposit and the separate with the difference on the 1st.

Most of my post will help the Veterans going through the long lengthy process and understand what is needed to have a successful decision.

I have condensed the information from the letter to relevant information. I received an increase from 50-70%

The records show that you are a Veteran of the Peacetime and Gulf War Era. You served in the Navy from March 27, 1976 to March 31, 1996. You filed a new claim for benefits that was received on October 8, 2010. Based on a review of the evidence listed below, we have made the following decisions on your claim.

Decision

1. A clear and unmistakeable error is found in the evaluation of functional heart murmur and cardiomegaly and a retroactive increased evaluation to 60 % disabling is established from January 27, 2010.

2. Service connection for bilateral tinnitus is granted with an evaluation of 10 percent effective January 27, 2010.

3. A decision on entitlement to compensation for nerve damage for the feet is deferred.

Reasons for decision.

1. Whether the evaluation assigned for functional heart murmur and cardiomegaly was clearly and unmistakably erroneous.

Clear and unmistakable errors are errors that are undebatable, so that it can be said that reasonable minds could only conclude that the previous decision as flawed at the time it was made. A determination that there was clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. Once a determination is made that there was a clear and unmistakable error in a prior decision that would change the outcome, then that decision must be revised to conform as to what the decision should had been. In this case, a retroactive increase for functional heart murmur and cardiomegaly is granted as the previous evaluation decision was a clear and unmistakable error.

An evaluation of 60 % is assigned from January 27, 2010 the date we originally received your claim for increase. An evaluation of 60 % is assigned if there (what applies to me) is ventricular dysfunction with an ejection faction of 30-50 %

Medical records received show that you went cardiac testing on February 26, 2010 at southwest Heart . There were no evidence of left ventricular ejection hypertrophy. Normal myocardial thickening and wall motion were seen. Left ventricular ejection was calculated at 50%

A 60 % percent evaluation is assigned for a left ventricular ejection of 50 %

2. Service connection for bilateral tinnitus

Service connection for bilateral tinnitus has been established as directly related to military service.

An evaluation of 10 % is assigned from the date we received your claim for hearing loss. An evaluation of 10 percent is granted for recurrent tinnitus.

We have granted service connection for tinnitus as objective medical documentation establishes a relationship between it and the acoustic trauma you were exposed to while on active duty. We have assigned a 10 percent disability evaluation based on your report of constant tinnitus. We sympathetically assigned an effective date of January 27, 2010, which is the date we received your claim requesting an increased evaluation for hearing loss.

3. Compensation for nerve damage to the feet.

The issue of compensation for nerve damage to the feet is deferred for the following information: VCAA notification.

-An compensation exam has been scheduled for this issue.

I have received a letter stating -we are working on your claim for:

-Nerve damage of the bilateral feet secondary to Pes Planus

They want me to submit evidence showing that the following condition existed from military service to the present time.

For this, all I can say as that the VA podiast treating me Stated I was improperly diagnosed from the initial 0 % given from rating exam. I also had the shock treatment within the last year that said I had it-burning feet, ect. I have nerve damage upper and lower, and also rated for back and neck.

It should be noted that this claim was filed as an reconsideration claim, not as an appeal. Various members probably didn't understand why I did this. I did this as I knew I had clear evidence they missed medical evidence. Also, the VA deliberately never ruled on the tinnitus issue, so that was submitted as well.

Unclear on how long it will take for the military to respond back to the VA on my pay. Once you have 50 %, which I have had for a few years, I should had also this retro automatically, the same as when they pay me the difference on December 1.

[jbasser]

Good Job sailor.

J

[john999]

That's a cool decision!

[Wings]

x

x

x

Congrats on winning your claims. WE all know it's especially hard to win at "CUE". Good job!!! ~Wings

[JR Reihs]

Congrats CB.

[Berta]

WOW and more WOW !!!!

and if civilians are allowed to salute- I SALUTE YOU on this victory!!!!!!!!!!!!!!!!!!

This is only the second post here in the past few months I recall where a vet succeeded on a Reconsideration Request-----

Often the vet doesn't even try this tactic or they have a vet rep who doesn't want to support a recon request.

If the VA does not ignore the request,and the evidence is there -the vet will get a decision sooner then the NOD route.

I have posted so much here on these requests-and the need for filing a NOD if the request is not granted before the year NOD deadline so no need to go further on that.

It is something in some cases, every claimant should consider.

The CUE award -----WHOOP TI DO!!!!!!!

Your CUE is almost exactly like one of mine!!!!!

Your post should be a template here for both CUE claims and Reconsideration Requests!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

As well as encouragement for anyone who filed these types of claims.