Wrong MOS listed

[joseM1964]

Hello,

I got a copy of my C and P of my tinnitus exam, and the doctor listed why he thought I was service connected. Listed my MOS that I had in the Army. Ok good.

I read on and then he listed and MOS I never held and stated that since I held this MOS, I should be service connected too.

So my question is, will anyone ever notice this incorrect additional MOS listed on my exam and go back and remove my 10% they gave me?

Thank you 

Edited September 30, 2020 by joseM1964

[joseM1964]

Thanks for all the advice.

If they correct the mistake and take away the 10% rating, will I pay back the last years payments?

Yes its not a lot, but I am already living hand to mouth and that would break me.

When I put in another claim for other issues, do they go back and read the old C@P for tinnitus?

Thanks J

 

Edited October 3, 2020 by joseM1964

[GBArmy]

Jose You got a several post on this that you can use for advice. In my opinion, no, they won't hit you up for what you have already received.It wasn't fraud; the "mistake" was on them not what you did. Personally, I wouldn't do anything. The C&P examiner made the recommendation to give you the disability. You didn't do anything wrong. It's probably going to slide anyway. If they did go after back pay, you could appeal anyway. On top of that they would work out a payback schedule you could live with.  My guess, on a 10% rating, it just slides by. But if you notify them, they might call for another C&P exam and you could lose. If so, they will ask if you have more evidence. You should then submit a Statement in Support of the case, VA form 21-4138. State what happened (not your fault) and talk to events in the service that exposed you to louwd noises that may have contributed to your hearing problem that are "outside" of your normal MOS duties. My father in law used to say, you don't fix what ain't broken.

[Buck52]

On 9/30/2020 at 12:25 PM, joseM1964 said:

Hello,

I got a copy of my C and P of my tinnitus exam, and the doctor listed why he thought I was service connected. Listed my MOS that I had in the Army. Ok good.

I read on and then he listed and MOS I never held and stated that since I held this MOS, I should be service connected too.

So my question is, will anyone ever notice this incorrect additional MOS listed on my exam and go back and remove my 10% they gave me?

Thank you 

Just curious

How did they conduct the Tinnitus Exam?

Normally our MOS  is listed on our DD 214...YOU WILL NEED A RECORD IF YOU HAD A CHANGE IN YOUR MOS TO  TEMP MOS

Just my opinion  if you were service connected for Tinnitus  its only 10% for both ears  I doubt they would take that away from you.

I have Tinnitus and it flat drives me batty some times  mostly at night when going to sleep or trying too..

[GBArmy]

I had my tinnitus eval at the C&P along with my hearing exam. On my claim my MOS was not a listed as being highly likely to have noise damage so I submitted with the claim a VA Form 21-4138 and described events I was exposed to that were loud. The examiner just asked a few questions and that was it. If I didn't have the personal statement, it never would have been approved for sure. It may be harder for approval if you don't also have a hearing disability as well but the Statement was the evidence.

[joseM1964]

Buck,

I had a a C@P from the VA audiologist. Tested my hearing and when I complained about the tinnitus, the doc played some frequencies to match what I was hearing.  I summitted a personal statement and a buddy letter as to the noise exposure on the comm floor.  My medical records show decline of hearing in service.

Thanks J 

 

[USMC_VET]

On 10/3/2020 at 7:10 AM, Buck52 said:

Just curious

How did they conduct the Tinnitus Exam?

Normally our MOS  is listed on our DD 214...YOU WILL NEED A RECORD IF YOU HAD A CHANGE IN YOUR MOS TO  TEMP MOS

Just my opinion  if you were service connected for Tinnitus  its only 10% for both ears  I doubt they would take that away from you.

I have Tinnitus and it flat drives me batty some times  mostly at night when going to sleep or trying too..

99% of Tinnitus claims are for Subjectivie Tinnitus which cannot be tested so often as long as the claim is made and the MOS matches they grant it. sometimes they require you to go to a audiologist to say "yes i hear ringing" or its mentioned during a hearing loss exam.