ptsd Crunch Time -nod Or Not?

[nlualum82]

Soon to be 1 year from getting my upgrade.

I went from 40% hearing to 50% hearing, 70% PTSD/MDD, 10% tinnitus, 10% lknee injury and 10% l knee degenerative osteoarthritis.

I was denied 10% for chronic otitis externa. I thought it was a well documented claim. A VA ear, nose & throat doc's records that I submitted said "...l otitis externa, most likely from the ear molds (hearing aids)...stuck in a chronic state...). I had an IMO from a doc who treated me for the condition a couple of times.

The VA sends me a prescription every month to control it.

The C & P examiner was very hostile.

I figured I would correct his statement to the effect that I no longer had the problem since getting hypo-allergenic molds. I told him it had reduced the frequency a bit.

The VA denial said it could find no record of me having it in service - I would point out that I filed it secondary to my hearing loss and that it didn't occur until I had to wear hearing aids full time due to my S hearing loss.

I guess it's partly the nature of PTSD, but I am threatened by the idea that they may bring me back in and review everything and cut me somewhere over filing the NOD.

I am 90% now and working at the post office. IU seems a distant dream. The otitis award wouldn't change my percentage and as such wouldn't bring retro.

Another question - I have heard of the requirements of new evidence to re-open a claim. Since retro is not involved, can I re-file the same claim anytime - is the one year limit only to preserve an effective date?

Gary

[john999]

If you are 90% now then IU is not a distant dream. All you have to do is apply for disability retirement from the Post Office and you could then ask for IU. That is what I did and I was 70% and was eventually awarded IU P&T. If you can still work and collect 90% that sounds like a pretty good deal if you can hack it.

[Vike17]

Gary,

If my memory serves me correctly I think you cannot be rated for hearing loss, tinnitus, and otitis all at once. You can only be rated with a combination of the two, but not all three. I had discussed this awhile back in another thread, but can't remember exactly when. Further, if this disability wouldn't benefit you in some way such as SMC, A&A, garantee DIC for your spouse, why bog down an already overloaded system?

If you are filing a Notice of Disagreement with your RO about a recent rating, the VA will only address the issues on appeal, they won't go and take a look see at your non-appealed disabilities. Also, if you're still employed, then basically IU is a distant dream. Generally, IU isn't granted to a veteran still employed, hence unemployability. Having said that, in very, very, very, limited circumstances a veteran can be awarded IU, or retain their IU status when working in a protected enviroment, such as a family bussiness with limited working hours ect... However, this is rarely done and I have never personally seen this happen.

You can re-open a previously decided claim with "new and Material" evidence at any time. The only way to perserve the original effective date of a claim is to appeal the decision within the one year time limit. To re-open a claim the effective date is generally the date the veteran submitted the "New and Material" evidence. One thing to keep in mind is if you're within the one year from a decision and you submit "New and Material" evidence, and that evidence changes the prior decision, then the effective date would be as if the prior decision was decided on that particular evidence, meaning the effective date would be the date of the original claim.

Vike 17

[carlie]

I am rated SC for all three.

Hearing loss right SC zero %.

Tinnitus SC 10 %.

Chronic Suppurative Otitis Media right SC 10 %.

JMHO,

carlie

[JR Reihs]

Gary,

As I satated before , you can still work while you are awaiting the OPM disability retirement.......If refused ( which it wont be ) you have lost nothing and the agency can do nothing to you.

As stated IU is a whole lot closer than you think it is @ 90%. I have a VA rating of 90....IU was a given P&T.

[Guest rickb54]

Gary,

As a civil Service medical retiree I agree with JR Reihs. Getting my civil service retirement was a piece of cake, actually it was too easy most are becasue the government is always looking for ways to get rid of people cheep.

I also believe that if you have additional medical problems that you think are service connected (no matter how small) you should apply for compensentation after all you earned it. Some will tell you that if you are already TDIU or 100% don't tie up the system... I say bull... I have said in the past if I had listened to the nay sayers, I would never had been awarded adapted housing, or received awards that add up to 200 and combine to 90%....

[Vike17]

Carlie,

Chronic suppurative otitis media and otitis externa are two different condition and are rated differently.

6200 Chronic suppurative otitis media, mastoiditis, or cholesteatoma

(or any combination)

During suppuration, or with aural polyps...................................................................... 10

Note: Evaluate hearing impairment, and complications such as labyrinthitis, tinnitus, facial nerve paralysis, or bone loss of skull, separately.

6201 Chronic nonsuppurative otitis media with effusion (serous otitis media):

Rate hearing impairment

6202 Otosclerosis:

Rate hearing impairment

6204 Peripheral vestibular disorders:

Dizziness and occasional staggering......................................................................

....... 30

Occasional dizziness.......................................................................

............................ 10

Note: Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined.

6205 Meniere’s syndrome (endolymphatic hydrops):

Hearing impairment with attacks of vertigo and cerebellar gait

occurring more than once weekly, with or without tinnitus...................................... 100

Hearing impairment with attacks of vertigo and cerebellar gait

occurring from one to four times a month, with or without tinnitus............................. 60

Hearing impairment with vertigo less than once a month, with or

without tinnitus........................................................................

................................ 3

Note: Evaluate Meniere’s syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

6207 Loss of auricle:

Complete loss of both............................................................................

..................... 50

Complete loss of one.............................................................................

..................... 30

Deformity of one, with loss of one-third or more of the substance................................. 10

6208 Malignant neoplasm of the ear (other than skin only)........................................................ 100

Note: A rating of 100 percent shall continue beyond the cessation of any surgical radiation treatment, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based on that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.

6209 Benign neoplasms of the ear (other than skin only):

Rate on impairment of function.

6210 Chronic otitis externa:

Swelling, dry and scaly or serous discharge, and itching

requiring frequent and prolonged treatment.............................................................. 10

6211 Tympanic membrane, perforation of..............................................................................

...... 0

6260 Tinnitus, recurrent.......................................................................

...................................... 10

Note: 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. (Authority: 38 U.S.C. 1155)

Rick,

If you were previously receiving 100% IU with a rating of let's say 70% and then put in claims for additional stuff and were raised to 90% with keeping the IU status, but didn't receive any SMC, A&A, ect..., what did that accomplish? You are still receiving the 100% rate. Now, as I have said in the past, if a veteran is receiving 100% either due to IU or being schedular and has the oppurtunity at SMC, A&A, DIC, or any other additional benefit, or a possible service-connected condition could become a major problem later on in life, then by all means file the claim. But to just keep filing claims to raise one's over all rating that wouldn't have an affect on the money being paid out, does bog down a system that is already over loaded.

Vike 17