NOD, CUE, or some other process

[GeekySquid]

Hi all,

As i said in another post I am new here and looking for guidance, opinion, options that may be available to me.

Without all the gory and boring details, I am currently rated SC 70% PTSD, 10% Tinnitus with a statement that my bilateral hearing loss is not service connected.

This all comes from the same original claim in 2012.

I found out last year, 2017, that in making the bilateral determination the doctor only looked at my second enlistment and did not review any records from my first enlistment.

I found this out when going through my records which took years for the VA to "Find".

In the records are audiology test records from the first enlistment which show the damage occurred in service. In my first enlistment I had 3 audiograms. 1 to enlist, 1 diagnosing problem, 1 to re-enlist. in my second enlistment I had exactly 1 audiogram which was when I completed my enlistment.

In the record from the first enlistment is a piece of paper that says  "rehabilitation plan complete." but no other information. When I took the 2nd test they told me to wear earplugs when i could. That was it.

In the test results between enlistment and the 2nd test it shows the loss in both ears.  The final test on discharge says hearing is the same as at re-enlistment which was after the damage.

So here is my question on this:

What are my options to challenge this decision? I did not discover that they did not look at both enlistments until last year, which is 5 years after they granted me my initial 70 & 10 percent ratings.

Is there an option? Do i start it all over again? would I need to get a lawyer?

any suggestions would be great

Thanks

 

 

[Lemuel]

11 hours ago, GeekySquid said:

@Lemuel

As a side note the people in this McDonalds are getting antsy that i have been here this long today on their WiFi so I will be going back to my camping spot soon. I will try and check here tomorrow.

That's the bulk of the details. there are other minor things involved but this is way to much to type at one time. My emotions are raw and just typing this has made me angry for no reason.

Thanks for listening. I will try and keep any future posts or responses much shorter.

 

Ben there and done that.  70% is livable if you can find the right place.  I was at 50% until 2011. But I had applied for TDIU in 1987 anyway.  That is now in Remand from the BVA for development.  In your situation I'd go immediately and apply for TDIU.  In addition ask for your claim to be expedited because of your homelessness and presumabley your age.

That should shorten the wait.  70 + 10 adds up to 70% combined.  100% will get you off the street even in Seattle.  The difference between what you are getting and about $3,000.00 without dependents.  I have a wife and get $3,139.67.  My wife stuck with me for 46 years now despite everything.

I was also in the Navy.  You don't say what your rate (navy job) was.  I'm presuming the loss of hearing was "noise trauma" including the tinnitus.  The 70% PTSD says you were close to a blast.

There is a new NIH study showing blasts cause organic brain syndromes.  So ask for a neuropsychological assessment for blast induced organic brain damage.

I was also in for the long hall but got out after a TBI without knowing I was suffering from anosognosia.  (the inability to recognize disabling effects--blaming others and the situation instead of recognizing you aren't up to the skill level you once had)  With PTSD you've all ready had a partial assessment.  No one did a complete neurological assessment that includes an EEG.

Don't worry about adding claims.  They won't reduce the processing of the re-evaluation.  It has been put on a back burner because the assessment indicates an increase not a decrease.  Surprised they haven't forced you into a cognitive therapy program group in an effort to reduce your PTSD rating---or maybe they have.  I suspect that if you see it as useless and don't attend they will use it as an excuse to drop your compensation.  That I conjecture on my part.  I was kicked out of a CTP group for not doing home work that didn't apply to me.  But then I'm not rated for my PTSD from a personal assault on me and a woman in Danang RVN, only TBI and organic personality disorder plus the hearing loss and tinnitus.  I believe that without the TBI, which happened later, I wouldn't have a PTSD problem.   Life got better with TDIU.  It is enough that getting a cheap house in a small dying town was easy.  It is a 4 bedroom 3,000 sq ft house on main street 5 blocks from the Hospital.  Needed some work which I'm getting done.  Started on Homepath as a fixer from a Fannie Mae repo.  Did that while I was only getting the 70% combined.  Paid off the fixing that was on credit cards with a VA loan and then paid that down with the back pay and did some more fixing.

I also have the fear of harming others.  I turned that inward after reading suicide is outward violence turned inward.  Rather kill myself first than after I discovering I went postal and killed others.  I believe anosognosia is part of that problem.  It is a reality check syndrome meaning you lose control like a drunk without being drunk.  Alcohol induces a transient state of anosognosia.  When you sober up it is gone.  But organic anosognosia never goes away.  I suspect no therapist has ever said to you, maybe your seeing yourself and your abilities above where they are now.  In a place they were before your injuries and I'm presuming blast injuries here that bounce your zygoma sinus plate against the anterior temporal lobe of the brain causing brain damage and subtle temporal lobe seizures you don't notice and others just right off as your being "drifty" or a bit off.  Your therapist will note in the record occasional "latencies" and "lack of affect".  Lack of affect from me starts with an enervation which is an atonic seizure.  A sudden loss of muscle tone and energy without losing consciousness or falling.  Just having to sit down before you go down and not being able to get up without getting angry and pumping up. 

Getting put on Keppra after 47 years of not knowing what was going on was a life changing experience for me.  If you can print off a copy of this and take it to your VA PC you might get on the road to the right assessment.

[Lemuel]

23 minutes ago, GeekySquid said:

@Gastone

not sure what you mean by "Hearing Testing and Word." 

 

The word test is when the recorded voice says "say the word ***".  The audiogram then reports the number or mistakes you make.  In a normal sentence context you will hear the word correctly most of the time although sometimes if you are like me you'll hear a word that doesn't make sense in the context and have to have the speaker repeat themselves.  

 

[Lemuel]

I think you might find it a good idea to move to an area in the 10th Circuit and join me in my case.  At 70% you can qualify for Forma Paupers.  I'm in Pro Se at the moment but have a Denver law firm looking at taking the case.  If you like I can provide the forms and format.  I'd leave the VA claim in Seattle if that is where it is now until decided one way or another.  And since it is a Federal Circuit case you could probably join from Seattle if you want.

Your overall case sounds very like mine and Comer in Comer V Peake that I posted earlier.

States are:  Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, but outskirts of Denver would work best.  Something like Greely or Loveland.

I'm in Torrington, Wyoming near my family.  I'd give you an invite by my wife has had it with me inviting strangers into our home without a full vetting first.

[GeekySquid]

@Lemuel

Thanks for the response and information.

6 minutes ago, Lemuel said:

100% will get you off the street even in Seattle.

I believe this and SHAG has some apts. that even at my current rating I am only $80 a month in income away from. Though I would prefer a single family house with a yard. Keeps me from disturbing the neighbors when my night terrors are really bad and I scream out. Go figure.

8 minutes ago, Lemuel said:

You don't say what your rate (navy job) was. 

I was ATC/E-7 the youngest in my CREO group ever made up that point. Eligible at 7 years. selected at first Board.

NIC and Homeland Security have both paid me visits to impress upon me that discussing the specifics will earn me jail time. The earliest those records can be declassified is 2034 if then. Me and my unit played funny games for Uncle Sam.

13 minutes ago, Lemuel said:

The 70% PTSD says you were close to a blast

abattoir is one of the words in the sealed file to describe the scene of events.

14 minutes ago, Lemuel said:

anosognosia.  (the inability to recognize disabling effects--blaming others and the situation instead of recognizing you aren't up to the skill level you once had)

never heard this term and certainly not from the VA.   I will do as you suggest and print this and find that NIH study and give it to my PC once they are assigned here in my new VAMC. That happens on 4 Sept. I have a list of things I need from him, including skin conditions,, breathing, dizziness, numbness and I think I may be pre-diabetic or very close.

 

17 minutes ago, Lemuel said:

In your situation I'd go immediately and apply for TDIU.  In addition ask for your claim to be expedited because of your homelessness and presumabley your age

For some reason Ebenefits hoarked up on me yet again. Friday it liked my password, logged in and out  4 or 5 times. Saturday it did not like it, tried again it liked it, went in two more times and was okay. Sunday it did not like it, did not like it, did not like it. Tried to change password, responds I can only change password once every 24 hours. I will try again after 11 a.m. if not i have to deal with their tech support and that is as bad as dealing with the actual VA people.

I will appliy for TDIU as soon as possible but I am not sure of the process or 'how" to specify that I seek expedited help based on homeless and age. yep I am old.

21 minutes ago, Lemuel said:

Don't worry about adding claims.  They won't reduce the processing of the re-evaluation.  It has been put on a back burner because the assessment indicates an increase not a decrease. 

Glad to know adding claims does not stop re-evaluation. What I don't understand is the second sentence. What has been put on the back burner? do you mean any new claim, such as for TDIU will be back burner-ed? as of this moment nothing I know of has been done at the VA besides making me have the re-evaluation.

24 minutes ago, Lemuel said:

Surprised they haven't forced you into a cognitive therapy program group in an effort to reduce your PTSD rating---or maybe they have. 

The MSW I was assigned to made an entry into my record that asking her if she had a nice holiday was inappropriately personal. I asked to be reassigned as any one who thinks that question is inappropriate is not someone I want to be in a private setting with. They never reassigned and never "made" me do any therapy.  Frankly talking about this in anyway makes me angry or angrier than I am at that moment. 

27 minutes ago, Lemuel said:

Life got better with TDIU.  It is enough that getting a cheap house in a small dying town was easy.  It is a 4 bedroom 3,000 sq ft house on main street 5 blocks from the Hospital. 

anything like available today in your town? rent/buy? vet friendly? no pet here!

28 minutes ago, Lemuel said:

Rather kill myself first than after I discovering I went postal and killed others. 

This is why I run. I don't feel, and in no way have ever had a concrete impulse or intent to harm anyone or myself. I just recognized that my feelings, thoughts, and behaviors were rapidly heading that way and I took myself out of society and away from people to avoid the possibility. Until 2006/7 I was mostly able to earn enough during the good times, and was able to work on contract versus regular employee, that I could take long "vacations" and have enough money and contacts to re-enter my normal work, making good money. That is not the case right now. This will truly be my last attempt to return to any semblance of a real life. If I end up bolting this time. I will never come back.

34 minutes ago, Lemuel said:

A sudden loss of muscle tone and energy without losing consciousness or falling.  Just having to sit down before you go down and not being able to get up without getting angry and pumping up.

the only thing I have that relates to this is what I can only describe as that falling feeling you get if you are just about to nod off and jerk awake. I get this frequently, sitting and walking, and I "hear" a snap/crackle sound when it happens. Told VA docs about it, but like my skin conditions that came on with them prescribing me the different medications (and have stayed even though I stopped the meds) the docs have done nothing to note the conditions, treat them or diagnose them.

I appreciate your experience and information. I will do everything I can to get things moving along. it is the holding one that is a problem

[GeekySquid]

25 minutes ago, Lemuel said:

says "say the word ***". 

Neither the VA nor the Navy has ever given me a test as you described. I have only had "tone" tests and frankly I can't hear most them.

[GeekySquid]

14 minutes ago, Lemuel said:

I think you might find it a good idea to move to an area in the 10th Circuit and join me in my case. 

@Lemuel

At this point in time it would be a financial struggle to even get to Utah, where there is a cold water shack that the property owners have allowed me to winter in several times. Their dad was a buddy of mine and his parents were friends of my moms from WWII. The dad and grandparents have passed but the kids (now approaching middle age) still own it and I am sure if I have to use it they will not have a problem. It's on 5000 acres and there are only 3 "houses" on the property, all family and on the other side from the shack.

15 minutes ago, Lemuel said:

I'd give you an invite by my wife has had it with me inviting strangers into our home without a full vetting first.

Thank you for that but I have to say I totally understand your wife's point of view.

Honestly if this does not work out, or I end up bolting, this is my last try. I won't return to society or public life. you are lucky to have a spouse that is willing to deal with your situations.

I have not had a "long term" relationship since the early 90's. Long term is defined by me as more than 6 months. Prior to this I had two that were measurable in years. I live a half-life and right now even that is destabilized.