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SOC question.


metallicide

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I received my soc and it shows increase from 30-70 on PTSD and denied tinnitus..which is insane lol. Anyway should I receive back pay soon and if we appeal tinnitus will my 70 percent PTSD stay in effect. Its not showing up on ebenefits yet either. Thanks for any help!

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yes appeal and no it won't affect your ptsd.  As for when it depends on if there is a remand?  If not it will be the time it takes the rater to apply it.  So it is anyone's guess.  could be a month could be 6 or 7 months.  

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5 minutes ago, shrekthetank1 said:

yes appeal and no it won't affect your ptsd.  As for when it depends on if there is a remand?  If not it will be the time it takes the rater to apply it.  So it is anyone's guess.  could be a month could be 6 or 7 months.  

Doesnt say anything about a remand. Just says increase from 30 to 70 then tinnitus denied. 

I checked the status claim online thing and it shows closed items and has granted above them on back and a couple other issues but still shows PTSD under appeal even though in soc it shows increase to 70. So confused.

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Once you see the change on Ebenefits it should be soon after.  My last one changed and within a week I had my back pay.  

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It is ludicrous to deny an infantry combat vet for tinnitus.

You will need to whip out VA Fast Letter 10-35 on Hearing loss and tinnitus.

The MOS list might be here, it is also at VBN  site.

I dont think the Mil used any acoutical trauma ear plugs until  IEF/OEF and there are lawsuits on TV about them because they were defective.

I will try to post that Fast Letter

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https://vetsbenefits.net/va-fast-letter-10-35-hearing-t99876.html#.VfLYlZdLzV8

What branch of service were you in- there is MOS info at the BVA site- on FL 10-35 but it involves the branches of service

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43 minutes ago, Berta said:

 

https://vetsbenefits.net/va-fast-letter-10-35-hearing-t99876.html#.VfLYlZdLzV8

What branch of service were you in- there is MOS info at the BVA site- on FL 10-35 but it involves the branches of service

I was army national guard as an 11b and spent a year in Afghanistan. 

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Can you scan and attach the SOC, here -as to the Evidence they used and their rationale for the denial?

Cover your C file and name prior to scanning it.

 

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Just now, Berta said:

Can you scan and attach the SOC, here -as to the Evidence they used and their rationale for the denial?

Cover your C file and name prior to scanning it.

 

Yes I will do that tonight. Why didnt it put my back and other issues on the soc? PTSD increase was granted and was on it but not ny back it pancreatitis even though those show on the va website as granted. 

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Looks to me like you need to give them an event that happened in service.  I know for me I was under mortar fire and rocket attacks along with shooting a lot of rounds.  I would do a lay statement also if you have a buddy in service to fill one out also.  You need that last piece of evidence.  

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8 minutes ago, shrekthetank1 said:

Looks to me like you need to give them an event that happened in service.  I know for me I was under mortar fire and rocket attacks along with shooting a lot of rounds.  I would do a lay statement also if you have a buddy in service to fill one out also.  You need that last piece of evidence.  

Ok ya I can do that. So otherwise everything looks good then?

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I would wait for other here to reply, but to me it looks like the DRO denied you because there was no linked event or medical evidence.  

Edited by shrekthetank1 (see edit history)
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Did the decision mention the Fast letter ( # 10-35):

In part:

"The Board finds that the Veteran sustained acoustic trauma in service. During the April 2012 VA audiological examination, the Veteran reported in-service hazardous noise exposure in the form of artillery fire, grenades, and other military noise. The DD Form 214 lists a military occupational specialty (MOS) of machine gunner.

Although this particular MOS is not listed in Veterans Benefits Administration (VBA) Fast Letter 10-35, similar specialties, such as infantry and field artillery, have been recognized as entailing a high probability of hazardous noise exposure. See VBA Fast Letter 10-35 (September 2, 2010) (modifying the development process in claims for hearing loss and/or tinnitus). The Board finds that the Veteran's competent lay account of his duties in service and exposure to military noise are consistent with the circumstances, conditions, and hardships of his service and are, therefore, credible. 38 U.S.C.A. § 1154(a) (West 2014). For these reasons, the Board finds that there was in-service acoustic trauma. The Board next finds that the Veteran has a current tinnitus disability. During the April 2012 VA audiological examination, the Veteran complained of bilateral tinnitus. See Charles v. Principi, 16 Vet. App. 370, 374 (2002) ("ringing in the ears is capable of lay observation"). The Board finds the Veteran's report of tinnitus symptoms to be competent and credible; therefore, the Veteran's statements establish a current tinnitus disability."

"ORDER Service connection for tinnitus is granted."

A Buddy statement would be great- I would suggest filing a CUE along with the buddy statement if you can get one within the response period for the SOC.

When you get the buddy statement I can prepare the CUE and post it here.

I assume they never gave you a audio C %& P exam because you didnt claim hearing loss?

 

https://www.va.gov/vetapp15/files3/1523812.txt

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If you agree with your soc and dont wish to continue to appeal do you have to wait the 60 days before they will finalized it? VA told me today I could accept and my increases and back pay would arrive quicker. 

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This is true.  I just do not like the VA holding that over veterans heads.

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