Did Not Claim A Cue, But Asked For A Reconcideration?

[stillhere]

I while back I posted on here about my hearing claim being approved on basically the same evidence the VA has had from my first claim for hearing loss back in 83 that was denied.

I was thinking of filing a cue at that time but instead went with a reconsideration. On ebenefits it is showing the VA is treating my claim as a comp&pin claim. They just sent me a request for any other evidence I might have??

In my letter to them I specifically asked for a reconsideration based on the facts that are in my folder from 1983-to present. I asked them to review my folder and give me an earlier ED based solely on my file.

This request for new eveidence is totally out of what I am trying to do. How would I respond to this request?

Advice them again to read my letter and proceed with their review or send another letter spelling out what I feel in detail the reasons I beleive they have made a mistake on my effective date?

Thanks to all, Stillhere

[stillhere]

Hi Berta, And as always thanks for the great advise!

I have been doing some research through my medical records and found that otitus media noted in my records in Vietnam and in my exit exam and also .it was noted in my c&P for my first attempt in 1983. This by itself can cause a hearing loss. This is confusing to me on one level. why the VA did not say anything about this.

I actually just went through a severe bout of otitius and ended up having to have a tube put in my good ear!

should I bring this up to the VA during by reconcideratiom?

Stillhere

And I am Stillhere!

[Berta]

I sure would.

The ratings for otitis media are in the VA Schedule of Ratings link here at hadit.

In 1983 did the VA give you a compensable but NSC rating then?

If the rating was comensable ( at 10% or more), and they SC it via the claim you have pending now , you could file a CUE on the 1983 decision,in my opinion.

You might want to check over the diagnostic code they used then and compare with the DC at the end of the Schedule of Ratings to see if it was correct in 1983.

[stillhere]

Berta, In the 1983 ruling all it said was denied service connected.....

Being of a hard head back then and probably suffering from PTSd even back then I said screw them! I went on about my life and dealing with my growing hearing loss and paying for all my own aids and tests trying to find a answer why?

Not until I was at the legion hall one day did another vet tell me while I was filinf\g for diabetes 2 that I should try and reopen my hearing claim. Berta you have to remember back in 83 the denials where flying fast and furious and many of us did not know or just did not appeal. VA even used the hospital care as a scare tatic. I mean many vets said it was horrible and the time. One vet told me if you want to die go to the VA if you want to live don't.

Not until I finally got a copy of my service military medical records did I realize all the information the VA had at their disposal in 83 and yet they still denied me! I wnet through a lot back then and their refusal to help me cost me a whole lot especially with my family and all the cost I had to pay when I did mot have the money too!

Guess I will check out the rating termono;ogy and try find out why it wasn't granted!

Thank you, Stillhere

[jbasser]

A couple of things you may want to consider are the following items: If it is a CUE the criteria is based on the rating schedule in effect at the time of the original decision so check if the regs have changed.

The other issue is is the VA awards HL now, and if they used evidence they had not used but was in the service medical record and was not viewed or ignored you may be able to use 3.156 to get your original award dated back to day 1.

Good Luck.

Basser

[stillhere]

Thanks J for weighing in! That is exactly what I am looking at and again wonder how in hells name they could have missed the diseased ears and not put two and two together! DA

Stillhere

Edited March 25, 2013 by stillhere

[Berta]

jbasser is Right on the button there.....and that was superb advise from him.

No VCAA in 1983 and they often said those claims had no merit because they were not 'well grounded'.

VA has come a long way in giving us better rights but I recall in the 1980s claimants were upset at the 20 thousand or more claims that had been in the appeals process.

Not to mention those BVA lawyers who were indicted for hiding claims in old file cabinets down in Washington, just so they didn't have to work on them.