tinnitus Denied Again

[frosty69]

I was denied again for Tinnitus, bilateral hearing loss, bilateral otitis externa, and upper respiratory infection.

I have medical records in service to prove otitis externa, and upper respiratory infection, but that isn't good enough, and have suffer with UPI ever since, although, don't go to a doctor every time I have the symptoms, as I learned to live with them, and never even considered that I could get service connected for it, until about a year ago, hence no medical records, except at the VA, tinnitus in a coin toss, what I have read on the BVA site for veterans cases, some get approved and some don't with the same evidence I have, some if you have been in combat and around loud noises, they get granted, others get denied. Oh well, will be appealing all to the BVA anyway, what gets me, is that statement, no new eviedence, so claim is denied, trouble is they never look at all the evidence, hence keep submitting the same evidence until they learn to read it all.

[Guest fla_viking]

Dear Vike 17

Gilbert v. Derwinski set the standard requireing the VA to list evidence it finds to be persuasive or not. How ever in reality the VA still refuses to acknowlege key documents and argujents of veterans. I Belive the court to often accepts the VA interpitaon of the vets claim leaving the vet with unanswered isssues.

Terry Higgins

[frosty69]

Thanks for all the answers, my biggest problems, is 99% of my SMR after basic training, according to VA doesn't exist, either the DOD or the VA lost them, at one point or another, as i keep getting denied for their mistakes. just because a veteran submits evidence and if someone doesn't comment on it, how does a person know, it was reviewed, for instance I filed a injury to my hand in 1971, as i had a finger sewn up at a Korean base In Vietnam, I got denied, as there wasn't no evidence in my SMR, but i asked the VA TO HELP ME GET IN TOUCH WITH MY CO, from Vietnam, they refused, so in 2002, thanks to the internet, I found him, he sent in a buddy letter, and I was approved for service-connection for my finger, but not back to 1971, just 2002, when I refiled, but have appealed, as for the URI, I have 6 documented times of going to a doctor in basic training, a 9 week period, including one night in the hospital, then in my denial they state 2, but not the overnight in the hospital, In Vietnam I was in the hospital for 9 days in august of 1969, again no SMR to prove anything, just one notation, in august of 1969, I had a temperature of 103.8, but no mention of being in hospital, not that i was packed in ice for 3 days, to bring temperature down, I can't remember any of my platoon people any more, and my CO, doesn't remember, as he was only the CO for 3 weeks at the time, and the VA can't find the morning reports either, so only proof I have is the letters to my mother, that mention, I was in the hospital for 9 days, I had a doctor at the VA, say my tinnitus and hearing problem is as likely as not to be service connected , as my MOS was heavy vehicles driver, and was in a lot of noise and combat situations, but the raters never mention this fact in their denials and they state the year 1963, when it was 1968, and have brought this to their attention twice, but they keep putting in 1963, for whatever reason, and a person can read very clearly 1968, not 1963, they have my birth date of 1946, so don't think I would be in the army then, as I was a senior in high school then. as for separate rating for hearing and otitis, yes is separate claim, at least in the cases I have read

[Vike17]

frosty69,

I noticed that you're 100% P&T. Just out of curiosity, what do you have to gain by trying to obtain sevice-connection for your hearing/ears. Hearing/ears would probably result in a 0% evaluation (unless you're really deaf) and 10% for tinnitus. Why bog down an already overburdened system. You probably wouldn't have anything to gain in this case. Unless your 100% hasn't passed the ten year mark for DIC.

As far as the UPI, depending what Diagnostic Code is assigned, I suppose there might be the possibility of receiving SMC due to further disability/ies reaching an additional 60% (If memeory serves me correctly, you are 100% for PTSD, correct?), but from what you have related here, obtaining service-connection will be pretty tough since there isn't any SMR's showing a chronic condition while in service, or anything since discharge.

Your best bet is to go and get a IMO, which should help your chances immensely in obtaining service-connection for upper respitory infection.

Vike 17

[frosty69]

Vike17

yes, I am 100% P&T, only a little over 8 years now, but have rated with PTSD for 22 years now. What do I have to gain, I feel a lot, as the more things service-connected the better chance my wife, has of getting DIC. yes, AM ALMOST DEAF, AND HAVE BEEN FOR MANY YEARS, AS i FEEL I would get at least 10%, and I feel it should go back to 1971, when I filed my first claim, as the VA didn't look at all the evidence, plus they took another veterans hearing test as mine, basically the VA is saying my hearing got better after 2 years in the army, with one in Vietnam, which any doctor will tell you is impossible, as the ear test said it was done in fort snelling, in st Paul, MN, have never been there in my life, plus it has the wrong social security number on the report, that is why I am fighting the hearing test, As for bogging down the system, that is not my fault, that is the administration, and all the cutbacks, plus being in a war, that is worst then Vietnam, and never will be won. yes am trying for smc, aid and attendance/housebound. all together have 22 claims going right now, started with 25, a few years back, have won three, and hope to win at least 1/2 of them, with 4 going back to 1971. so yes a lot of back pay if I can win, if not, all I am is wasting is time, and that is of no matter, as I seldom leave the house, except for doctor appointment, I was low balled on rating for a dozen years, and was never told anything, about that a veteran could appeal for higher rating, I was drafted at age 21, with 3 pre-service disabilities, and to my way of thinking, they wanted me so bad, then they are going to pay for their mistakes. A veteran told me on hadit a couple of years back, that a veteran should file a claim for anything that you, yourself, feels was aggravated by the service, or for any injury/illness that you have, file then try to prove, and that is exactly what I am doing, as who knows at the months and years go by, maybe you will find a buddy to prove the claim, then you will be glad, you filed years earlier, and if not, then you will be dead, and nothing else matters anymore.

[Berta]

"I feel it should go back to 1971, when I filed my first claim, as the VA didn't look at all the evidence, plus they took "

Frosty- I think Nam vets PTSD comp should go back to the day they first stepped foot in Nam-

but that wont fly with the VA.

Only a CUE claim can get retro in a case like this- and remember the Bell Decision at CAVC etc- restricted many BVA CUEs on evidence only back to July 1992, due to the constructive notice crapola as found within Bell as within M21-1 and

http://64.233.161.104/search?q=cache:Zh7hN...=1&ie=UTF-8

Also- final RO decisions that were later subsumed by the BVA cannot be CUed at the RO-they are immune and can only be collaterally attacked only at the BVA -if the subsumed decision contained CUE.

Also- the fact of CUE- does not mean that the 1992 Bell ruling prohibits succeeding in a CUE claim-

beyond the 1992 date-

Example: Look V Derwinski- 1992 CAVC decision on Cue back to 1962 (1151 issues prejudiced the VA- sounds like mine too)

Myler- 1991- Cue found back to 1953- failure to assign rating for documented disability (one of my CUES is like this one)

Bentley V Derwinski- 1990 -CUE ifound in 1960 rating decision.( wrong DC code and rating to detriment of vet's comp rating.)

Akins V Derwinski 1991 ---service connect based on aggravation due to documented increase inservice to disability was denied, and CUE had been committed.

[frosty69]

Berta

Yes, that is what I did, I sent in claim for my back, my hearing and a EED for my hand injury claimiong cue, on account of not looking at all evidence, looking at another veterans hearing results, and refusual to help me find witnesses, as back in them days, didn't have the internet to help locate people like everyone has nowadays, no more money for hand, but I am service-connected at 0%, after the VA basically calling me a liar for 32 years, by stating, I didn't injured my hand in vietnam, as it wasn't in my SMR, but they don't take into account, that between the VA System and the DOD, they lost most of my records after basic, that is why I shove paper work up their behind, as much as I can, people treat me decent, I do the same, they treat me as a second class citizen, then it is war, all over again. yes, I know I have a shitty attitude, but was trained by the best, the VA SYSTEM. thanks for all them cases, will have to read up on them.