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.

[broncovet]

David in NC

   When you have a new question, you want to start a new topic.  You are new, so you probably did not know that.    You see, people get confused if you are answering you, or the original poster.  The original poster deserves to have his question answered, you do too, just start a new topic, and we  will ask that others not hijack your posts also.    You, too, will know they are responding to you and not someone else.    

   People do searches for these topics sometimes 3, 4 or 5 years from now, as you can often find answers in old posts.  That is especailly hard to do if you dont know if they are responding to the OP or the hijacker.  

[Okichewy1]

Been a while since I posted on here.  Well, my CUE claim was finally approved for the EED this past June 2016.  It was initially denied after I submitted it, but submitted a NOD in September 2015 and won it that way.  It was about 5400.00 in retro pay. 

 

[Berta]

YIPPEE!!! Another successful Cue-erino Member.!!!!!

I hope maybe someone can move this into the CUE forum.  )maybe that is where it already is ???)

I sure Commend you for filing the CUE and as I also mention here,to all..... if the RO does not act on a CUE claim at all ,and the NOD deadline looms close or VA sends you some bogus denial crapola, or appears, in any way to actually be working on the CUE claim seriously, then Still make sure the NOD is filed on time.

They really dont want valid CUEs to go to the BVA in my opinion ....and that is why one of mine took 6 years.

Just prior to the BVA transfer ,I got the Nehmer AO RO to adjudicate it. That took them mere weeks after it lanquiched at my AOJ RO for 6 years with 'bogus denial crapola' and I kept fighting back.

This is exciting news!