Question About Claim And Potential Cue Claim

[Okichewy1]

I was wondering about a denied claim I had in 2012. I submitted for tinnitus and hearing loss. The VA sent me to a private audiologist for my C&P exam. He stated that he reviewed my SMR's and I didn't have tinnitus or hearing loss while in service. Claim denied.

I didn't really know any better so I let the claim close without appealing.

After some digging and researching, I found where my medical record noted tinnitus 2 years prior to me retiring. Also had 3 significant threshold shifts and a baseline adjustment while in service. I also found the VA FAST Letter 10-35 about hearing and tinnitus. I was a engineer equipment operator in the Marines. The private audiologist never mentioned any of my MOS's or weapons and acoustic noise that I was around. Also I found VA Training Letter 10-02 which talks about hearing loss and tinnitus.

I submitted a re-open claim for both in 2014, went to a VA audiologist that stated it should be S/C and also had a NEXUS letter from a private audiologist back up the VA doctors findings.

If the VA doesn't CUE this themselves, do I have a good chance at a CUE since the VA TL 10-02 states "If STR's mention a complaint of tinnitus and the veteran claims tinnitus and has current complaints of tinnitus, a MO regarding possible causation is not required. S/C can be established without an opinion about the specific cause of the tinnitus because it began in service".

To me, the VA totally disregarded this training letter dated in 2010.

I just received my C-file on CD and found in the C-file where the tinnitus is in there in my STR documents.

I am patiently waiting for this claim to complete and see if they fix it themselves, but if not, could this be a CUE claim?

I have had 3 RO CUE claims already go in favor of me over the past 5 years.

[DavidinNC]

I was told the DAV rep was asking for my paper file to confirm her suspicion my request for compensation was not handled properly in 1996. I was then told in November 2014 they had not received it yet, and planned to move forward. I was told in December the CUE would be filed after the holidays. I asked again for the status in April 9th and was told the VA asked for an official filing (is there some sort of unofficial filing?) and that my CUE had been uploaded via SEP on April 9. I received a notice stating my claim was ready for decision on May 5th. I have asked again for the CUE narrative.

[DavidinNC]

I received a check from the Navy in 1995, separation pay. I was told at that time the VA would recover that money when I filed a claim. I have spoken with the VA about the amount left and I should start to see some of the monthly compensation in December 2017.

My RO is Winston-Salem NC. i am enrolled in e-benefits. I never received any compensation until my 20% was awarded for my November 2010 filing, but as I said I wont see any of that until the other money is recovered. Its real frustrating to see them say I failed to return, when in fact it was their failure to reschedule the VAE as I asked. They waited until the day before my appointment to tell me I had one.

[DavidinNC]

what file are you referring to with "C", my compensation file?

[Berta]

yes, the Claims file.

Copies of C files can be requested from the RO you deal with.

I got a copy of mine within about 6 weeks many years ago but they seem to take longer than that now to get copied.

[DavidinNC]

How long do CUE decisions take after they are deemed ready for decision? Is there an average, or no one knows who and when they will decide?

[DavidinNC]

Hello,

I received my CUE submittal document today. I would like to post it, but there is a lot of personal information I cant really remove it. How best to accomplish this?