Advice On A Nod

[cc17837]

I had applied for disability compensation for tinnitus back in 2011. During the C&P exam, the audiologist began asking about if it caused "social and occupational impairment". Having tinnitus is just as bad as chronic pain. We spoke about the anxiety, depression, and insomnia that the tinnitus causes. He told me that if the VA needed further testing they would let me know. I later received a letter denying the claim, saying they did not think it was service connected. I appealed the decision through the DRO process and was awarded ten percent for tinnitus, there was no hearing, they just reviewed the paperwork. When I found out that the secondary effects weren't addressed, I filed a new FDC claim for them and was awarded an additional thirty percent. Presently I just filed a NOD for an EED, stating that the secondary effects date should be the same as the tinnitus date. When I originally filed the tinnitus claim, although the secondary effects were present, I didn't list them on the original paperwork, figuring the VA had a "duty to assist" and "to develop any and all claims that the veteran may have."

Having said all of this, my question is am I going down the right road by filing the NOD and can you offer any advice.

[Gastone]

It might be prudent to have your VA Prim Care DR give you a referral to Mental Health Clinic. The audiologist can't diagnose Mental issues. A DX from Mental health discussing the "more likely than not" etiology of your "current" mental health issues would be of great help. Even if you had long standing symptoms, the date a DR (VA or Private} makes an official DX is usually if not always the effective date, the VA uses for retro $.

Semper Fi

Gastone