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HadIt.com Anniversary 24 years on Jan 20, 2021 ×


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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

HadIt.com Anniversary 24 years on Jan 20, 2021
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I had a c & p in Aug 2004 when I returned from Iraq. I was told that the ringing in my ears is tinnuitus and I complained of hearing loss. I didn't know that was a claim and then the VA denied all my claims in Nov 2004 falsely saying I failed to appear for the c & p. I was never given a hearing test.

I thought that was it. After receiving advice I later re-opened my case om 2010. The VA granted me a hearing test which shows hearing loss. Now the VA is saying it is unable to tell when I loss my hearing.

Do I have a case because the VA never assisted me in 2004 with this claim and falsely denied all my claim even though I have a copy of that c & p exam?

Should I try to see if a doctor will write me a IMO saying "it's as likely as not" I had the hearing loss in 2004, and will that help my case?

All of my claims were just sent to BVA so I guess I have a 4 - 5 year wait.

jhilly

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Sorry. I stand corrected. 10% comp. has crept up to $130.94 a month. I had a AFSC of 203X0 as an interpreter. VA reasoned that was a relatively quiet job. They didn't put it in context at 1500 above sea level in a O-1 Birddog firing a 16 or an M-79 out the right window. Or back at the Operating Location defending it at night against attack. However, my hearing decreased at some point while I was in so I got the rating.

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http://www.ecfr.gov/cgi-bin/text-idx?SID=2ef8796da4643552e13a37e4ea11e47b&node=38:1.0.1.1.5.2.100.38&rgn=div8

§4.87 Schedule of ratings—ear.

6260 Tinnitus, recurrent 10

Note (1): A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes.

Note (2): Assign only a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head.

Note (3): Do not evaluate objective tinnitus (in which the sound is audible to other people and has a definable cause that may or may not be pathologic) under this diagnostic code, but evaluate it as part of any underlying condition causing it.

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