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Bill Mills

Removal of Service connected disability?

Question

I just found my C&P hearing exam results of my appeal. The audiologist found that my hearing was basically unchanged from the original claim results from July 2016. In that exam I was granted 10% for tinnitus, and 20% for bi-lateral hearing loss. The original findings were granted service connection as I was a bomber pilot during Viet Nam war. I believe this AFSC is the highest category for hearing loss presumption. In this current exam the examiner does not put the findings to be service connected. There is no mention of in the Etiology category of service connection. 

Can the Service connection be removed? Perhaps the examiner did not take into consideration my past service as the original examiner did. I can't afford to lose this 30% as it would also remove me from free medication and health care. My current disability is 60%. 10% tinnitis, 20% bilateral hearing loss, 10% Agent Orange exposure, (Ischemic heart disease), 30% PTSD.

I'm a new member as of today and I hope I am posting this in the proper forum. Anyone that can shed light on service connection removal would be greatly appreciated. Nothing has changed on my service records and my DD214 remains the same as it did on my original claim.

 

Thanks ahead of time,

Bill 

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Its no wonder Vets go around paranoid that the VA will reduce them because VSO''s favorite pastime is to "fuel the fear of reduction fire".  They often tell Vets not to apply for an increase because VA will reduce you instead.  Of course, the VA LOOOVES Vets living in fear of reductions, and not realizing the truth:

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Its difficult for VA to reduce you.  (If you have been rated over 5 years or are P and T)


 

Here is why:

https://www.law.cornell.edu/cfr/text/38/3.344

Use knowledge and wisdom to kill the fear.  Or at least manage it.  

 

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Its no wonder Vets go around paranoid that the VA will reduce them because VSO''s favorite pastime is to "fuel the fear of reduction fire".  They often tell Vets not to apply for an increase because VA will reduce you instead.  Of course, the VA LOOOVES Vets living in fear of reductions, and not realizing the truth:

Quote

 

Its difficult for VA to reduce you.  (If you have been rated over 5 years or are P and T)

 

 

 

 

Here is why:

https://www.law.cornell.edu/cfr/text/38/3.344

Use knowledge and wisdom to kill the fear.  Or at least manage it.  

You dont need to "revisit" the service connection issue each time you go to the doc.  Once established, Severing service connection is equally difficult:

https://www.law.cornell.edu/cfr/text/38/3.105#

 

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1 hour ago, Bill Mills said:

I just found my C&P hearing exam results of my appeal. The audiologist found that my hearing was basically unchanged from the original claim results from July 2016. In that exam I was granted 10% for tinnitus, and 20% for bi-lateral hearing loss. The original findings were granted service connection as I was a bomber pilot during Viet Nam war. I believe this AFSC is the highest category for hearing loss presumption. In this current exam the examiner does not put the findings to be service connected. There is no mention of in the Etiology category of service connection. 

Can the Service connection be removed? Perhaps the examiner did not take into consideration my past service as the original examiner did. I can't afford to lose this 30% as it would also remove me from free medication and health care. My current disability is 60%. 10% tinnitis, 20% bilateral hearing loss, 10% Agent Orange exposure, (Ischemic heart disease), 30% PTSD.

I'm a new member as of today and I hope I am posting this in the proper forum. Anyone that can shed light on service connection removal would be greatly appreciated. Nothing has changed on my service records and my DD214 remains the same as it did on my original claim.

 

Thanks ahead of time,

Bill 

Thanks Bronco for a very prompt response and excellent links addressing the exact issue. I'm already breathing easier and may actually sleep tonight.  I must say this is a dynamite forum! 

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Welcome Bill and thank you for your service!  I would not put much thought into the "what if's".  The wondering is going to drive you crazy.  You indicated a "current exam", so did you file for an increase in your hearing or was the current exam for the appeals?  What are you appealing?

I will tell you from my own experience NEVER take the C&P exam for face value.  I just had a C&P exam for PTSD increase and although the examiner checked the box under Occupational and Social Impairment for 30% ( I am currently 50%), his remarks and the rest of the exam indicated I was and I quote "progressively getting worse".  Additionally all my therapy notes from the past four years was helpful and I found out yesterday I went to 70%.  So don't take just the C&P exam.

Good luck and keep us updated!

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In this current exam the examiner does not put the findings to be service connected. There is no mention of in the Etiology category of service connection. "

 Can you scan and attach the C & P results here? (Cover your C file # prior to scanning it)

"The audiologist found that my hearing was basically unchanged from the original claim results from July 2016"- that is why maybe no mention of etiology or SC was needed.

Have you googled the examier's name to see if they really have any audiology  experience?

Reason I  ask is that they sent a male vet here to a gynecologist for a C & P exam on his spinal problem  or something-:blush:

"10% Agent Orange exposure, (Ischemic heart disease), 30% PTSD."

I assume you were incountry-Vietnam---how old are those ratings?

Did you contact NVLSP when the AO IHD 2010 regs  came out to see if your EED was correct?

VA has to apply Fast Letter 10-35 to  your claim. You obviously know that and the MOS stuff- good for you!

 

 

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