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]

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 no man's land.  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 stated I said I thought I had Vietnam PTSD.  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.

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

I just found my 1965 EENT consult after I was denied a Navy Forklift Operator's Permit because of tinnitus.  That makes argument for a "Definite Industrial Handicap" because of the removal of employment opportunities for safety concerns.  At least that is the point I'm arguing for 30% on tinnitus from a CUE in my 1974 "hearing loss" residuals claim.

Sec Nav is currently looking at TBI/PTSD bad paper discharges.  I'm arguing it should be applied to our difficulty in life getting and maintaining employment.  Will try to keep you posted.