Looking for some advice...

[CH88]

Hello everybody, 

I wanted to post this under the RAMP program but seems to be disabled or discontinued area to post. Anways short background is I a filed claim for anxiety and PTSD in Sept. 2016 was denied, appealed to DRO Aug. 2017, accepted to be put into the RAMP program Aug. 2018 in Supplemental claim with the initial completion date to be June 8th 2019. Called PEGGY yesterday to find out if they have had any movement and was told by individual that he really doesn't see anybody in RAMP anymore. Asked if he could dig a little deeper and he stated he would send an inquiry to the RO dealing with my claim (assuming its still in Phoenix AZ). So I checked VA.gov today and now my estimated completion date was pushed out from a completion date of tomorrow to July 10th, 2020. I thought that RAMP was a pilot program that basically the VA was attempting to complete most claims submitted for the results and find out if this new appeals process would work? Maybe I'm wrong but it seems like I should have just stayed in the DRO and not taken the risk if they are going to take the same time to complete if I didn't opt into RAMP. 

I was initially denied for mental health disabilities due to my psychologist doing the C and P exam (in 2016) stating "I cannot answer whether the disabilities started in service without mere speculation." Then the VA asked her to give an answer along the lines of most likely or not, direct, less likely, etc. She wouldn't answer and I was denied benefits. I had an IMO which gave me a an "at least likely as not" for service connection and filed an appeal. Then during this RAMP in March 2019 VA sent me to another C and P exam offsite and was given the same "at least likely as not" for anxiety service connection. I was diagnosed with anxiety, insomnia, shortness of breath/panic attacks during service which seemed kind of straight forward when applying for anxiety but I guess not. 

I guess I am asking is there anybody else out there that has a RAMP with a completion date of July 2020 or later? Does the claim seem relevant, meaning diagnosed with anxiety in service and given diagnosis of anxiety from VA mental health/private provider within few months of recent C and P? Is RAMP a long term appeals process or should I be hounding my back burner DAV rep. who seems to be busy all the time? Also I have been in a preparation for decision phase since the last C and P exam which was March 2019, for all my other claims once it hit this stage it went a lot faster. Any advice would be great, thanx!

 

Edited July 31, 2019 by CH88

[GeekySquid]

21 minutes ago, Buck52 said:

GEEKY read these past BVA Decisions  you maybe surprised as how they deny CUEs

you need to research back to 2013 for evidence the VA had but never used.and you were denied.  this is what you need to CUE on

 

Absolutely!. What the Audiologist said is that She only looked at my first period of service and that in that time frame she did not find an OSHA STS (significant threshold shift) in my hearing and that in that time there were no audiology readings showing that STS.

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This is from the DBQ the audiologist filled out at VAMC New Orleans 2013.

If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service?
[ ] Yes
[X] No

Rationale (Provide rationale for either a yes or no answer):

1.RME dated XX/XX/XXXX (at induction) documents hearing within normal limits bilaterally.
2.RME dated XX/XX/XXXX (at separation) documents hearing within normal limits bilaterally.

3. Comparison of induction and separation exams (the second exam shown was a reenlistment physical and is marked as one) indicate no significant change in hearing sensitivity and documentation of an OSHA-defined STS during military service  (those records are in the second enlistment. The range of files looked at  states are only in my FIRST enlistment) CANNOT be established from this audiometric data.(that is because it is the WRONG time frame)

4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and the lack of documentation of an OSHA-defined STS during military
service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service

------------------------------

This is how the rating letter from 2013. Bolding is mine. I took out all the boiler plate and hearing test numbers because they made this really really loong.

Notice the absence in this decision of the fact the audiologist ONLY used my first period of service.

 

Although right ear hearing loss is not shown in service, acoustic trauma or military noise exposure may constitute injury of the ear. Medical expertise is needed to establish a link between your
current hearing loss and in-service military noise exposure. However, to this date, we have received no medical records showing that your right ear hearing loss is due to service. (the evidence is in my second enlistment that she did not look at!) You have in-service acoustic trauma, but service connection for your left ear based on military noise exposure alone cannot be granted. For service connection of the left ear to be considered there must first be a showing of actual hearing loss in the left ear for VA purposes.

Your VA examiner opined that it is not at least as likely as not than not that your hearing loss is due to military noise exposure.

Your examiner provided the following rationale: Hearing was within normal limits on enlistment and separation, and there is no evidence of an OSHA-defined threshold shift during military service.

VA examination findings {bunch of hearing test results. takes up to much space to post here on hadit}

The evidence shows that you currently have hearing loss in your right ear for VA purposes, but service connection cannot be granted without a medical link between your hearing loss and military service.

Although you currently have a hearing loss in your right ear for VA purposes, there is no medical link between your hearing loss and service. (Yes there IS! and they had it at the time they said this, I can prove it!) In the absence of such a link, service connection may not be granted.

In this case, the evidence of record does not show current audiometric findings which meet the criteria for a grant of service connection for left ear hearing loss. As you do not currently meet the criteria for hearing loss in your left ear for VA purposes, This is the highest schedular evaluation allowed under the law for this condition.

3. Service connection for bilateral hearing loss.

Service connection for bilateral hearing loss is denied. {bunch of crap in here, not relevant right now)

Although right ear hearing loss is not shown in service, acoustic trauma or military noise exposure may constitute injury of the ear. Medical expertise is needed to establish a link between your
current hearing loss and in-service military noise exposure. However, to this date, we have received no medical records showing that your right ear hearing loss is due to service. (repeats same lie)

You have in-service acoustic trauma, but service connection for your left ear based on military noise exposure alone cannot be granted. For service connection of the left ear to be considered there
must first be a showing of actual hearing loss in the left ear for VA purposes.

Your VA examiner opined that it is not at least as likely as not than not that your hearing loss is due to military noise exposure. Your examiner provided the following rationale: Hearing was within normal limits on enlistment and separation, and there is no evidence of an OSHA-defined threshold shift during military service. (same lie again)

VA examination findings show the left ear {bunch more numbers not needed here on hadit|}

The evidence shows that you currently have hearing loss in your right ear for VA purposes, but service connection cannot be granted without a medical link between your hearing loss and
military service.(they admit I have the hearing loss, yet again they repeat the lie)

Although you currently have a hearing loss in your right ear for VA purposes, there is no medical link between your hearing loss and service. In the absence of such a link, service connection may not be granted.

In this case, the evidence of record does not show current audiometric findings which meet the criteria for a grant of service connection for left ear hearing loss. As you do not currently meet the criteria for hearing loss in your left ear for VA purposes, service connection may not be granted.

 In addition, there is no evidence that disabling sensorineural hearing loss manifested itself to a compensable degree within a year of service. (no bozo's it was there IN SERVICE!)

 

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To me it is obvious, clear and unmistakable that she did not look at my entire file.

By ignoring the rest of my file she missed all the documentation she said is needed to SC.

The rating decision excludes the date range of the files she used, despite her explicit statement of what date ranges she looked at.

The VA failed on 4.6 and MR21 basis.

Further, they corrected themselves in 2018 without ME putting in a claim. They ordered a C&P and that SC'd but only to 2018.

Now I want EED to 2013 and I think I will get it based on the evidence of what they did NOT do under the LAW. Namely a thorough review of my files.

[Buck52]

yes  your going to need to prove all this with the documents that state what you mention above from a qualified Dr at that time...unless you have these documents then its going to be rough claim  in my opinion  because they will not take out word for it,  it has to come from a qualified Dr and from that era of time, this will more than likely be approved for HL according to the Hearing testing ,But at the date you applied for the increase  , it will be hard to CUE this without medical documentation from a qualified Dr  if you get one   then like I mention they will probably go by your filing date for increase  and not go back to 2013.

Usually we Veterans have to get an IMO to rebutt what these examiners says or did not read...what this examiner put down on the C&P REPORT will Haut at you   until you can show medical records that prove your statements...not that I/we don't believe you   its just the way VA works.

[GeekySquid]

13 minutes ago, Buck52 said:

qualified Dr at that time.

your post confuses me.

What I wrote is from the VA DR who did the C&P.

By VA standards she is qualified.

all that information comes from the VA. Their Test, Their Dr., Their raters. Their Letter to me about the decision.

[Buck52]

yes I understand that ,

  if she was qualified makes it even more harder for you  as to what she wrote in your C&P REPORT  she did you no favors my friend is what I am saying.  you need a qualified Dr to rebute what she said in her report.at that time....if your approved they may not go back to 2013  but the date you filed for the increase.

[Buck52]

I don't understand why you think this is CUE because of what the C&P Examiner wrote up in his/her report.??..its going to be hard to change that. if you had evidence at the time that will change what this examiner said/wrote up and didn't other wise read  then yes you have a chance.

[GeekySquid]

4 minutes ago, Buck52 said:

need a qualified Dr to rebute

the error is in the dates she looked at.