Advice on First NOD

[sleepysurf]

I filed my first claim and recently received va decision. 10% awarded for tinnitus, sleep apnea denied, wrist tenosynovitis denied, and hearing loss denied. I have county VSO but I know they are very busy and want to put paperwork in good order before I file the NOD with them. I was only given audio exam from VA but no other exam.  

I retired from the Air National Guard and have twenty years of service. The service history is convoluted but I have all the records involved 3 DD214's (Active Duty Army and Air Force), Title 10 orders for (Air Guard), and NGB22 (Air Guard and Army Guard). My career was Infantry to start and Flightline Avionics for the latter part. I have my Air Force medical records. What I don't have is my Army medical records covering Active Duty Army (including initial entrance exam) and Army National Guard. Somehow Army records never crossed over into the Air Force but I located (after many requests) the records in MO and have requested 8 months ago. The recently confirmed that received the request but said it would be about 2 more months...I was not able to provide any Army medial records with my initial claim. I have request my C-file last week by fax and certified mail so hopefully I will receive soon.  Just wondering what else I should be doing while I wait for those records to show up.

Sleep apnea: The denial letter stating the sleep study date was wrong, I had it 10 years previous to the date they mentioned.  So I figure I would point that out first thing. Also believe I will have evidence in Army medical records to back up the claim but there is the waiting game.

Wrist Tenosynovitis: For this I have complaints on webHA and civilian medical records but it was aggravated by fall from helicopter. Stupidly I did not file an incident report, wrist hurt but also was embarrassed and just want to "shrug it off". I did have witness and maybe I could get lay statements....but this was also preexisting condition, but also aggravated by regular flightline work. 

Hearing Loss: I was told that I that I have left ear hearing loss but i didn't show service connection. I remember being told by Army medical on exam that I had hearing loss related to gunfire and that "I would want to keep these records.". I was very young at the time and was ignored it but now those are the records in MO that I am waiting on. 

I was also recently diagnosed with severe and recurring depression and prescribed medication and have long history of diagnosed sleep disorder and medication. I don't know weather to purse these as separate claims or as part of sleep apnea, which are symptoms. 

I do qualify for both gulf war exam and burn pit registry exam due to Kuwait deployment I and am wondering what the difference between those two are and if they are worth pursuing? I had throat surgery for diverticulum and diagnosed with barretts esophagus that could be related as well as forest fires in Idaho (Army) as well as fires during LA riots (Army Guard) and breathed in massive amounts of dust driving personal carrier in Mohave desert during 4 Ft. Irwin rotations. 

Once all my C-file and Army medical records show up I was considering going to the Ellis Clinic for exam and report to file with NOD...I figure I could fly out and pay for exam less than $1000 and was wondering if anybody else thought it was worth it?

Sorry, that is a lot info to throw out there but I'm trying to figure my way through this claim process and would just appreciate any advice form the community. 

Thanks!

 

 

 

[broncovet]

Read your audio report.  Does it say that its is at least as likely as not that your noise induced hearing loss was caused from (list loud noises, such as guns and aircraft) while in military service?  If it does not say something close to that, you have no nexus.  No nexus - automatic denial.  

It is peculiar you apparently have a nexus for tinnitus, but VA treats each one seperate, so you also need a nexus for hearing loss.  

Get the nexus or get denied.  

Edited June 21, 2017 by broncovet

[sleepysurf]

OK, I'll keep that in mind. I actually went with my decision letter to VSO and was ready to file NOD but he really wanted me to wait for supporting evidence. My regular VSO was not there so I will follow up with him, he as on vacation. If I do wait on army records it should only be two more months, I definitely won't wait much past that at the most. Yes, the same examiner who rated tinnitus for right ear wrote "less likely than not that your left ear hearing loss is due to militarynoise exposure".