Filed Claim 1 Dec 2020. NPRC says it sent my Records to VA 21 May 21. VA says it is waiting for NPRC to send records.

[bangkokbill]

Hi Board,

US Army vet needs advice on nudging NPRC and VA to acknowledge where my service records are and move my Tinnitus claim forward to a decision.

By way of background info, I filed an online claim with the VA on 1 Dec 2020. I tracked the progress online and noticed it was stuck on evidence gathering for several months. I then requested (online) for the VA to make a decision, since I had no further evidence to submit. I attended a C&P exam on May 21, but my claim remained stuck on "Evidence Gathering."

I reached out to my congressman and both senators; one senator ignored me but the other senator and my congressman promptly replied around 20 Jun 2020 (OK, a staffer  ) The VA says they requested my records around 28 Dec 2020 and 15 Mar 2021- and were still waiting. The National Public Records Center says my records were sent to the VA on 21 May 2021 and are no longer in their custody. 

During July, I have called the VA twice and was told they are still waiting for my records from the NPRC. 

Any advice on how to proceed? I'm stuck in limbo between two government agencies that are not taking responsibility and I have yet to find a decision maker that can move my claim towards a decision.

Thanks in advance!

Bangkokbill

[bangkokbill]

1 hour ago, Berta said:

That is Superb advice from GBA!

By all means go over this list:

https://criteria.njarmyguard.com/wp-content/uploads/fast-10-35.pdf

This is an update of the original Fast Letter 10-35 that has helped many veterans here,

http://blog.finkrosnerershow-levenberg.com/wp-content/uploads/2015/02/Duty-MOS-Hearing-Loss-Probability-Chart-VA-Fast-Letter-10-35.pdf

 

As this notable vet law firm states, tinnitus is almost always rated at 10% and no higher for one ear or both ears:

https://cck-law.com/blog/secondary-conditions-to-tinnitus-va-disability/#:~:text=VA rates tinnitus under 38,takes both ears into account.

The article also reveals some conditions that could be found as secondary to the tinnitus.

You are only claiming tinnitus? And not hearing loss as well?

You might well be able per your MOS on your DD 214, and with this updated VA Fast Letter , enhancing the initial 10- 35, to get a reasonable  response on your claim.

 

 

Thanks Berta!

Yes I filed for tinnitus and hearing loss, both in left ear. My C&P Exam was on May 21, 2021. Maybe the NPRC is not being truthful... Plausible since the VA continued to work during the pandemic, but the NPRC did not.

Reply from the NPRC to my congressman: You submitted a request to our facility on behalf of veteran *** ***** requesting that you intervene in his request and get his records delivered to the VA in a timely manner. His records were dispatched to the VA on May 25, 2021 and we will be unable to access them until they are returned to us. I sent Mr. Clevenger an official response on one of his personal requests stating that the records had been dispatched to the VA.

Edited July 29, 2021 by bangkokbill

[bangkokbill]

44 minutes ago, GBArmy said:

Bankokbill Unfortunately you are between a rock and a hard place. Do you have a VSO that can look into your file and find out what they are looking for? Or, a Veterans claims Agent could help or a lawyer but it's stuff to get them to do something for you if there isn't any $ in it for them which there isn't unless you are appealing a previously denied claim. A VSO can though at this stage. If you present the evidence and can prove the service connection and you have a current diagnosis for the tinnitus, they have toe approve. Or you go to the BVA. They just can't deny because the VA DIDN'T get your records/evidence, you provided. So, start at square one. Do you have a current diagnosis from a doc or audiologist that states you have tinnitus? Next, you need a favorable diagnosis from the same that can link the event or illness that you had in the service to your current condition, called a nexus. The statement would be something like "based on the veterans medicakl records and his current ...testing he has tinnitus. He was  ex. exposed to... while in service and my eval is consistent  showing the event that caused his tinnus hs at least as likely as not the direct cause of his service disability. This is my professional and medical opinion which is based on ...years of practice. Next you need buddy letters. You talk about the event in service. If your MOS is a high correlation to hearing problems, you talk about (back then, we didn't have OSHA or ear protection, etc.) If there is someone in your family that can attest to early acknowledgement of your tinnitus, you get a buddy letter for that as well. When you have ALL three elements of the claim, you submit it against the claim and wait for the decision. If disapproved, you go to the BVA. What was your MOS? Were you deployed to Vietnam? They could be factors in your favor.

Thanks GBArmy!

I trained as a radio operator, MOS O5E, then went to Radio Teletype Operator, MOS O5C school in (then) West Germany, I was Army but stationed on an airbase in West Germany, near the flight line. We also used loud generators to power our mobile radio trailer. This is my first ever claim so I am unfamiliar with acronyms like VSO and BVA. What do they stand for?

I'm too stubborn to let this slide. If my claim is denied, so be it, but I'm going to fight the good fight.

In a pre employment exam, 30 years ago, I was told I had significant hearing loss in my left ear, the same ear I have tinnitus in. I wrote and called  that medical center, but they ignored me. I also shared that information with the VA, but I don't know if they pursued it or not. 

Off topic, but in my Radio Operator AIT class at Ft. Ord, CA, one guy went to Viet Nam, eight to South Korea, the rest of us went to West Germany. No one remained stateside. At Ft Ord we trained using Morse Code, then half way through training, they dumbed down the course to voice only. I remember the NCO instructors shaking their heads saying why bother, a monkey can key a radio mike- and they were right.

Again, thanks so much for your help!

[Berta]

Sorry for the acronyms-

VSO Veterans service officer

BVA Board of Veterans Appeals-Washington DC

I fund so far veterans who served in Germany who were radio operators and were awarded for Tinnitus.

While a BVA decision only applies to the specific claimant- their decisions hold a wealth of info.

This is in part:

"Here, the Veteran contends that he incurred tinnitus due to noise exposure during his military service.  See, e.g., Board hearing transcript dated March 2017.  Specifically, he asserts that he was exposed to loud radio equipment noise, weaponry, and grenades while he was stationed in Germany as a communications specialist.  He explains that during the course of his military occupational specialist (MOS), he was exposed to loud noises from his radio equipment, such as loud buzzing frequencies.  Furthermore, during the March 2017 Board hearing, the Veteran testified that he experienced ringing in his ears since his military service.  Id."

"His DD-214 Form reflects that his MOS was a radio operator and a multichannel equipment operator, and that he was stationed in Germany as a multichannel equipment operator.  His service treatment records reflect no complaint or diagnosis of tinnitus during service."

"The Board has no reason to dispute the Veteran's credible lay statement concerning his in-service noise exposure.  To this end, the Veteran's statements are consistent with his with his DD-214 Form.  Therefore, his claimed exposure to loud noise is consistent with the circumstances, conditions, and hardships of his service, and is credible.  See 38 U.S.C. § 1154 (a) (West 2012)."

https://www.va.gov/vetapp17/files9/1759448.txt

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

Next one in part:

"The Veteran contends that he has tinnitus, or ringing in the ears, which developed during active duty as a result of harmful noise exposure.

At the outset, the Board notes that the Veteran has credibly reported experiencing ringing in his ears during the pendency of the appeal.  Moreover, he was diagnosed with tinnitus during a November 2014 VA audiological examination.  Thus, the Board finds that the current disability element has been met.  

Additionally, the Board finds that the in-service element has been satisfied.  The Veteran’s personnel records reflect that he served as a radio operator, and he has reported (for example, in correspondence received in April 2018) “monitoring and communicating with high frequency [M]orse code for long periods of time”—a task which involved exposure to “constant high pitched screaming and ringing.”  The Board accepts his contentions of harmful noise exposure in service.  See 38 U.S.C. § 1154(a).  Consequently, the only question on appeal is whether there is a link between his current tinnitus and in-service harmful noise exposure.
After reviewing the record, the Board finds that the evidence supports the Veteran’s claim that his tinnitus originated in service.  As noted above, the Veteran has reported ringing in his ears since being exposed to harmful noises in service.  A VA audiological specialist has noted the Veteran’s reports of ringing in the ears since service, and diagnosed him with tinnitus.  Although there is some negative evidence in the record regarding the Veteran’s claim, the positive evidence put forth by the Veteran of ringing in his ears during and after active service renders the nexus element to be at least in equipoise.  As such, a nexus to service is shown and service connection will be granted.  See 38 C.F.R. §§ 3.303(b), 3.309(a); see also Charles v. Principi, 16 Vet. App. 370, 374 (2002)."
https://www.va.gov/vetapp19/files10/19177782.txt

I need to mention that the NPRC problems were reported on TV about a week ago-

They do suffer a tremendous backlog, but the problem is probably at your RO.

If you give us the name of your Regional Office ( VARO) I can post some contact info here- tomorrow----(in midst of men working on my home ,it has been hectic)

GBA made a good point too- I bet your unit has a web site-

if you tell us the exact unit designation of your DD214, you might find info on the site and maybe even be able to contact a "buddy" to verify the proximity to flight line or the other things you mentioned as to the acoustical trauma you were exposed to.

By unit designation I mean like this I use my deceased husband's as example

"1stMARDIV, 1st Amphibious tractor Battalion, USMC Danang Vietnam 1965"

(it was originally 3rd Marines but Admiral Zumwalt changed that)

You said :" We also used loud generators to power our mobile radio trailer. "

That would be great evidence if you can get that verified by a buddy- but your MOS alone might do it--

I will try to find our acronym help list

You said  "I remember the NCO instructors shaking their heads saying why bother, a monkey can key a radio mike- and they were right." Yeah! Ha Ha

 

 

 

[Berta]

http://www.hadit.com/veterans-benefits-claims-definitions.pdf

That has most of the ones we use-----(I hope)

US Army " Soldier's manual : radio teletype operator, MOS 05C, skill levels one and two."

https://searchworks.stanford.edu/view/2607799

US Army MOS O5e:

http://www.mosdb.com/army/05E/mos/112/#:~:text=05E MOS&text=Installs and operates FM%2FSSB field radio communications equipment.

[bangkokbill]

18 minutes ago, Berta said:

Sorry for the acronyms-

VSO Veterans service officer

BVA Board of Veterans Appeals-Washington DC

I fund so far veterans who served in Germany who were radio operators and were awarded for Tinnitus.

While a BVA decision only applies to the specific claimant- their decisions hold a wealth of info.

This is in part:

"Here, the Veteran contends that he incurred tinnitus due to noise exposure during his military service.  See, e.g., Board hearing transcript dated March 2017.  Specifically, he asserts that he was exposed to loud radio equipment noise, weaponry, and grenades while he was stationed in Germany as a communications specialist.  He explains that during the course of his military occupational specialist (MOS), he was exposed to loud noises from his radio equipment, such as loud buzzing frequencies.  Furthermore, during the March 2017 Board hearing, the Veteran testified that he experienced ringing in his ears since his military service.  Id."

"His DD-214 Form reflects that his MOS was a radio operator and a multichannel equipment operator, and that he was stationed in Germany as a multichannel equipment operator.  His service treatment records reflect no complaint or diagnosis of tinnitus during service."

"The Board has no reason to dispute the Veteran's credible lay statement concerning his in-service noise exposure.  To this end, the Veteran's statements are consistent with his with his DD-214 Form.  Therefore, his claimed exposure to loud noise is consistent with the circumstances, conditions, and hardships of his service, and is credible.  See 38 U.S.C. § 1154 (a) (West 2012)."

https://www.va.gov/vetapp17/files9/1759448.txt

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

Next one in part:

"The Veteran contends that he has tinnitus, or ringing in the ears, which developed during active duty as a result of harmful noise exposure.

At the outset, the Board notes that the Veteran has credibly reported experiencing ringing in his ears during the pendency of the appeal.  Moreover, he was diagnosed with tinnitus during a November 2014 VA audiological examination.  Thus, the Board finds that the current disability element has been met.  

Additionally, the Board finds that the in-service element has been satisfied.  The Veteran’s personnel records reflect that he served as a radio operator, and he has reported (for example, in correspondence received in April 2018) “monitoring and communicating with high frequency [M]orse code for long periods of time”—a task which involved exposure to “constant high pitched screaming and ringing.”  The Board accepts his contentions of harmful noise exposure in service.  See 38 U.S.C. § 1154(a).  Consequently, the only question on appeal is whether there is a link between his current tinnitus and in-service harmful noise exposure.
After reviewing the record, the Board finds that the evidence supports the Veteran’s claim that his tinnitus originated in service.  As noted above, the Veteran has reported ringing in his ears since being exposed to harmful noises in service.  A VA audiological specialist has noted the Veteran’s reports of ringing in the ears since service, and diagnosed him with tinnitus.  Although there is some negative evidence in the record regarding the Veteran’s claim, the positive evidence put forth by the Veteran of ringing in his ears during and after active service renders the nexus element to be at least in equipoise.  As such, a nexus to service is shown and service connection will be granted.  See 38 C.F.R. §§ 3.303(b), 3.309(a); see also Charles v. Principi, 16 Vet. App. 370, 374 (2002)."
https://www.va.gov/vetapp19/files10/19177782.txt

I need to mention that the NPRC problems were reported on TV about a week ago-

They do suffer a tremendous backlog, but the problem is probably at your RO.

If you give us the name of your Regional Office ( VARO) I can post some contact info here- tomorrow----(in midst of men working on my home ,it has been hectic)

GBA made a good point too- I bet your unit has a web site-

if you tell us the exact unit designation of your DD214, you might find info on the site and maybe even be able to contact a "buddy" to verify the proximity to flight line or the other things you mentioned as to the acoustical trauma you were exposed to.

By unit designation I mean like this I use my deceased husband's as example

"1stMARDIV, 1st Amphibious tractor Battalion, USMC Danang Vietnam 1965"

(it was originally 3rd Marines but Admiral Zumwalt changed that)

You said :" We also used loud generators to power our mobile radio trailer. "

That would be great evidence if you can get that verified by a buddy- but your MOS alone might do it--

I will try to find our acronym help list

You said  "I remember the NCO instructors shaking their heads saying why bother, a monkey can key a radio mike- and they were right." Yeah! Ha Ha

 

 

 

Hi again Berta,

My unit was HHB 2/60 ADA USAREUR

Headquarters Battery 2nd Battalion 60th Air Defense Artillery, US Army Europe

Ramstein AFB, West Germany (Very loud aircraft and busy base)

MOS 05E20 (Voice Radio Operator) and 05C20 (Radio Teletype Operator)

My DD214 only lists 05E20 MOS, but lists my Radio Teletype School. But assigns MOS 05E20, which is incorrect. I earned 05C20 at school in W Germany

At least they got my name correct, LOL!

Again thanks for your help, you're great!

 

[GBArmy]

Bangkokbill I could not find the same or identical MOS listing for radio op. Closest I found was MOS 25C Radio Op-Maintainer see this listing 

https://sdvsoa.weebly.com/uploads/1/1/5/9/115936913/duty_mos_noise_exposure_levels_2.pdf

Search and see if you can find one in another branch. However, 25C has a moderate rating which will support your case. Berta again had great links for you on what the MOS codes; use that as part of your evidence.  On your buddy letter you talk about specific instances which you remember it was especially hard ex. I was on the flight line and an F4 took off and my ears were ringing for 6 hours after"  or, "the mos code training was for 8 straight hours 6 days in a row and everyone said that their ears were buzzing all day long from the constant pinging." If it was an event that was not related to your MOS but was an isolated event that you were exposed to, talk to that in length. This is you most important evidence you submit, so paint a picture what happened.