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]

13 minutes ago, GeekySquid said:

 

Yes, there are properties for rent here.  Best way would be to drive around and look for a vacant acreage with a house and then try to find the owner from the neighbors.  Usually the cheapest way to go.  Sometimes free for labor.  Listed properties are around $800.00 per month for a small single family home.  Once I get my filing done I'll look around and ask around. 

It is odd that the VA hasn't done a word test.  I never had a VA audiogram that didn't include a word test.  Maybe because you are only service connected for tinnitus?

I have to help the wife get the house ready for company this evening.  Will get back to you tomorrow.

 

[GeekySquid]

3 minutes ago, Lemuel said:

It is odd that the VA hasn't done a word test.  I never had a VA audiogram that didn't include a word test.  Maybe because you are only service connected for tinnitus?

@Lemuel

everything the VA does seems odd to me so I don't have any perspective on that.

 

On a side note, since I made that post I looked up the number to the RMC in ST. Louis. Trying to get some definitive answer on how to get my C-file and the proper path/forms to use as well as time frame.

The very bored operator told me that I was supposed to use

Standard Form 180- which is the form to get personnel records etc

fax it to

fax 844-531-7818

or mail it to

Dept of Vets Admin

claims intake center
po box 4444
janesville wi
53547

she stated the current backlog was 4- 6 months.

she stated there was NO expedited process no matter what my problem or need was.

She was very bored sounding and I felt like I could hear her eyes rolling as she spoke.

Not sure how other posters are getting quicker (2 week?) turn arounds. Hopefully someone will post their exact process, forms, contacts etc.

 

 

[Gastone]

Post a redacted of your PTSD and Tinnitus Award Letter, the Denial of your Hearing on being considered as not SC will be addressed.

If you have a POA-VSO, ask for his assistance in helping review of your C-File, he can review your C-File via his office Computer. Have him to address the Denials of Hearing C & P Exams, request copies are made for your records.

Ask the VSO-POA to assist you in requesting your VA C-File FOIA Request being Filed by Fax to obtain a copy of a searchable CD.

[GeekySquid]

@Gastone

10 minutes ago, Gastone said:

Post a redacted of your PTSD and Tinnitus Award Letter, the Denial of your Hearing on being considered as not SC will be addressed.

If you have a POA-VSO, ask for his assistance in helping review of your C-File, he can review your C-File via his office Computer. Have him to address the Denials of Hearing C & P Exams, request copies are made for your records.

Ask the VSO-POA to assist you in requesting your VA C-File FOIA Request being Filed by Fax to obtain a copy of a searchable CD.

I spoke with American Legion rep today over phone. He is sending C-File request to me I will fax and follow up with CMRRC letter

I am also trying to set an appointment at the AL post nearest me. Once that is done I will be able to print those items and a few others. AS a side not the guy at AL did seem too experienced over the phone, so until I get to the office I wont' know more.

[Lemuel]

On ‎8‎/‎20‎/‎2018 at 10:51 AM, GeekySquid said:

@Lemuel

everything the VA does seems odd to me so I don't have any perspective on that.

 

On a side note, since I made that post I looked up the number to the RMC in ST. Louis. Trying to get some definitive answer on how to get my C-file and the proper path/forms to use as well as time frame.

The very bored operator told me that I was supposed to use

Standard Form 180- which is the form to get personnel records etc

fax it to

fax 844-531-7818

or mail it to

Dept of Vets Admin

claims intake center
po box 4444
janesville wi
53547

she stated the current backlog was 4- 6 months.

she stated there was NO expedited process no matter what my problem or need was.

She was very bored sounding and I felt like I could hear her eyes rolling as she spoke.

Not sure how other posters are getting quicker (2 week?) turn arounds. Hopefully someone will post their exact process, forms, contacts etc.

 

 

I think you are in a no man's land with the VA.  I'm assuming Grenada and U S denials since.  PTSD was already being looked at in 1984.  The intake on my first visit to the LA Downtown VA Clinic in 1983 stated that I said I thought I had Vietnam PTSD (which was being researched at that time).  What I remember saying was that I felt weapons familiarization pre deployment and my tour had me looking for a gun when I was outnumbered instead of just going in an all out fist attack on the one offender in front of me.  (When I was in an out of control, altered state of mind,  berserk state. Night mare like and memory of the event is like a nightmare with facts not square to possible reality of places and time) 

So, from your earlier post, I assume you were threatened with a Section 8 Discharge, mental deficiency existing prior to service that, though untrue, would cut you out of any VA help.  At least that is the time frame you give and military policy at the time.

You had 10 years by 89 so puts you between 27-30, possibly older, then.  at least 57 now.  Maybe not eligible for SS just yet but eligible for Social Security Disability Insurance (SSDI).

So, I'm presuming you are not receiving Social Security in addition to your 70% VA.  I would highly recommend filing for SSDI.  Your 10 years of service will qualify you for at least some additional funds that will help get you settled into a place.  I'd run not walk to the nearest Social Security Office and put in an application dated back to your last full time job or contract earned income earnings.  The 70% VA and homelessness should get you expedited.  It will mean a Social Security Examination and they do a thorough investigation so just tell it like it is.  The resulting CAVES report will help you with your VA claim.  You won't qualify for SSI because your 70% is probably too much and it would only raise what you are getting to the maximum SSI level.  That is also true for the VA Pension which is only a little more than SSI (welfare) in most states.

My CAVES report is far more thorough than anything the VA ever did.  I ended up with 6 years back pay of SSDI to the MVA that ended my employability.  Though the VA didn't get the CAVES report until 2013 it was done from 1990 to 1996.  I think I was closer to being employable then than you are now and SSA wasn't as efficient as they are now plus I was only rated at 50%, not the presumptive unemployable of 70%.

I'm using my CAVES Report as new evidence.  You may need yours for new evidence in the future.

[GeekySquid]

3 hours ago, Lemuel said:

I'm using my CAVES Report as new evidence.  You may need yours for new evidence in the future.

@Lemuel

I cannot comment on your speculations, i am too old to wear stripes.

I will look into your suggestions about SSDI and getting that CAVES report

Thank you.