Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
TiredCoastie

Need Help - Which Doctor Takes Precedence?

Question

Hello everyone and Merry Christmas!

I'm in the final stages of putting together a NOD - and thanks to all those who helped me thus far. I'm taking AskNOD's advice and putting appropriate CFRs in my rationale for why the RO wrongly denied service connection. However, I can't find an obvious CFR cite that covers which doctor they should listen to. In my situation, my ENT filled out a DBQ that said that my hearing loss was related to military service. The RO, relying on audiologists, is using the argument that I had hearing loss upon entering the service and that the level of increased loss was not due to military service - which for me included loud engine noise, pistol, rife, auxilitary or main battery fire, helicopter operations, etc. If my ENT said that it was, in his opinion, related to military service shouldn't the RO take that opinion over VA or QTC audiologists?

Of course, as AskNOD has so aptly put it, the DBQ form is somewhat short of a nexus letter. I can go back to my ENT and ask him for a full nexus letter to include with form 9.

But first of all, is there a CFR cite that discusses which doctor to choose? I sure can't find one...

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Hello everyone and Merry Christmas!

I'm in the final stages of putting together a NOD - and thanks to all those who helped me thus far. I'm taking AskNOD's advice and putting appropriate CFRs in my rationale for why the RO wrongly denied service connection. However, I can't find an obvious CFR cite that covers which doctor they should listen to. In my situation, my ENT filled out a DBQ that said that my hearing loss was related to military service. The RO, relying on audiologists, is using the argument that I had hearing loss upon entering the service and that the level of increased loss was not due to military service - which for me included loud engine noise, pistol, rife, auxilitary or main battery fire, helicopter operations, etc. If my ENT said that it was, in his opinion, related to military service shouldn't the RO take that opinion over VA or QTC audiologists?

Of course, as AskNOD has so aptly put it, the DBQ form is somewhat short of a nexus letter. I can go back to my ENT and ask him for a full nexus letter to include with form 9.

But first of all, is there a CFR cite that discusses which doctor to choose? I sure can't find one...

I believe this is where the benefit of doubt comes in. One say yes and one says no, so the BOD goes to the claimant. jmo

pr

Share this post


Link to post
Share on other sites

Ad

  • 0

I copied and pasted the below statement with hopes that somebody can find it. thanks in advance. Slowlane

"In 2010, VA sent out a FAST letter or bulletin of some sort in 2010 that said VA docs can discuss only the disease process and progression but are not allowed to opine on the etiology or subjectively diagnose the origin."

Share this post


Link to post
Share on other sites
  • 0

Thanks, everyone.

Slowlane - You're dead on. They sure drag their feet especially on hearing loss.

But as you pointed out, AskNOD, there isn't a lot of money for them to argue about. I don't understand why they're bothering to argue. After all, with a 60% rating already and without hearing loss being SC yet, I've got a pair of VA hearing aids with nothing out of my pocket. I'll make another ENT appointment and take that document with me for more help of his help. It's just so laughable. My ENT was training an Air Force O-5 who was interning under the doctor for the summer when the ENT filled out the DBQ. It's not like this is a military community...but the Air Force tracked down the best civilian doctor to train their specialist and set up a program. The VA just blew him off.

I don't think this will result in a lot of money, but that's not really what this is about. For me, this is about the VA acknowledging that I left the service less than whole as the direct result of line-of-duty assignments and activities. I was a competitive indoor pistol shooter for a service team. There was an awful lot of noise in my shipboard assignments from gunfire and very loud engines. By the time I retired, I couldn't hear the entry access keypad beeps to get into work. The exact same duty location fifteen years earlier, I had no problem.

Yeah, 10% more might help me get to a higher rating or even 100% somehow. We'll have to see how everything shakes out after a couple of years. Phil, that would be the flavored ice for me!

Berta, you continue to be a fount of knowledge of the regs as well as the way they've been implemented. I'll make ample use of that information.

You guys all made my Christmas! Thanks again!

Share this post


Link to post
Share on other sites
  • 0

I had testing done at the VA for my heart. One doctor who did a walking stress test (or at least signed the paperwork) said I had a heart condition. Another doctor (or at least signed the report) did a chemical stress test and said my heart was OK. I got 60% and it was benefit of doubt. I had to appeal but got the 60% on appeal. My initial rating was based on C&P done by NP who did not even ask for any testing and just made guesses based on my ability to walk a block without passing out and falling down.

John

Share this post


Link to post
Share on other sites
  • 0

I had testing done at the VA for my heart. One doctor who did a walking stress test (or at least signed the paperwork) said I had a heart condition. Another doctor (or at least signed the report) did a chemical stress test and said my heart was OK. I got 60% and it was benefit of doubt. I had to appeal but got the 60% on appeal. My initial rating was based on C&P done by NP who did not even ask for any testing and just made guesses based on my ability to walk a block without passing out and falling down.

John

John, I went up there and underlined "My initial rating" done by NP......what did you get out of that? Cause you said you got 60 on appeal. SL

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines