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

[Berta]

Regarding the NOD:

I would send them along with it,

"My records don't show a diagnosis of otitis media" - I'm filing for otitis externa, plenty of diagnosis and records on that!"

In this claim it states:

"The maximum disability rating under the Schedule for disease

of the auditory canal or otitis externa is 10 percent"

How did they state the denial of it as secondary?

This part of this BVA decision is odd---the rating criteria was changed in 1992-

"The rating criteria of both the original and revised versions

of Diagnostic Code 6210 are the same. The only change in the

revised criteria is re-designation of the disability as

chronic otitis externa. Accordingly, there is no prejudice

to the veteran in the Board considering both the original and

revised rating criteria in the first instance, since they are

the same and neither is more advantageous to the veteran in

assessing his claim. See Bernard v. Brown, 4 Vet.App. 384

(1993)."

Are they saying that it does not matter whether this is media or externa?

http://www.va.gov/vetapp01/files01/0102254.txt

(re-read your post -not time to send those records with the NOD-I guess-)