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Claim is confusing, need help

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long36

Question

My claim is still pending but some decisions have been made on some of the claims. Here is where I need help. 3 of my disabilities were last rated/service connected back in 2006. Today I receive an update on my claim and all 3 of these disabilities went up  Asthma from 10% to 30%, Tinnitus 0% to 10%, and Chronic Sinusitis/Tension Headache 0% to 10%. I have an effective date of Aug 27 2017 for the Asthma and Sin/Ten Headache and a date of July 28 2006 for the Tinnitus. My first question is why they  back dated the tinnitus for 2006 and not the other 2, especially considering I filed them at the same time initially. Second question is why did they have the Chronic Sinusitis and Tension Headaches together? 

Disability Rating Decision Related To Effective Date
chronic sinusitis, tension headaches 10% Service Connected   08/27/2017
tinnitus 10% Service Connected   07/28/2006
memory loss   Not Service Connected    
obstructive sleep apnea (also claimed as insomnia)   Deferred    
allergic rhinitis   Deferred    
migraine headaches   Deferred    
asthma 30% Service Connected  

08/27/2017

Thank you in advance!

Edited by long36
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2 minutes ago, EODCMC said:

I'm not a DR. but I would think not because migraines can be diagnosed. I have tension headaches and chronic sinusitis. The C&P examiner opined that my tension headaches were sinusitis related because they often were documented relatively close together.

Ok, that makes sense. I have definitely made a clear distinction between migraines and sinus headaches. 

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"Deferred" is better than Denied. For whatever reason, the Rater was unable to reach an SC Decision regarding the  (3) deferred issues. Obviously additional Medical Evidence or Clarification is needed.Have you discussed this Award Letter with your VSR?

Call your POA-VSO's HQ Office located at your VARO, usually on the same floor as the RO Rating Dept. A VSR can access your C-File and possibly determine the reasons for the (3) Deferrals as well as why the (2) SC's don't have the EED in question.

Quite possibly you're Medical Evidence of Record "EOR" did not support a DX  back in 06. Do you have a copy of your C & P DBQ's from the 06 Claim? If not, it would be wise to obtain them from your VMC Med Record Dept.

While your at it, request a complete copy of your VMC Med Recds on CD (It's searchable). If there is not a number of other Vets waiting, the Records Clerk might burn it right away, rather than mailing it.

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If I was you file an appeal for the other two condition they S.C. on 2017 for the EED and request they S.C. them back to the 2006 date like they did the tinnitus and show your records of prof....> spoon feed them in other words.

Never say why didn't they S.C. these other two.

  just prove it to them that the S.C.of these conditions in 2017 is fine but the correct  Original filing date is 2006 and here is my explanation,  According to my evidence I submitted on date._______and I would like this be corrected and go back to the original  filing date of 2006  show copy's of record.

I need this corrected for my personal  VA records.

Thank you in Advance 

evidence of record is what wins claims and also the EED.

Edited by Buck52
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