100% P&T For Myself And Now Hubby

[broncovet]

Sometimes, its "the luck of the draw".  Frankly, doctors who do c and p exams vary widely on how "Veteran friendly" their exam turns out.  

Also, rating specialists and judges vary on their opinions about Veterans, with some rating more generously than others.  

When we file a claim, we never know who we will draw for a c and p exam, and we dont know which rating specialist will rate our claim.  

An attorney once told me the outcome of my claim varied with   "which judge" we get.  

Its easy to think of VA as a "unified body", but the reality is that there are thousands of employees, and their opinions vary widely.  

This is the biggest reason we need to persist until we win.  If we are denied by a less than generous rater, then we may just get a great judge upon appeal, to grant our benefits.  Sometimes it takes several tries.  

[Dustoff1970]

This has been my 35 years' experience also with VA raters, BVA judges and a two CAVC judges.  The good, the bad and the ugly!!!!

[Rattler]

My father-in-law is going through the process now. I have seen this before. Ratter never reads the there medical records in the C-File.  I will post one of the issues hear as an example. I will do the full post in the right part of forum when I get time.

"Your Benefit Information:
• Service connection for hearing loss is granted with an evaluation of
0 percent effective January 14, 2022."

DECISION
1. Service connection for hearing loss is granted with an evaluation of 0 percent effective
January 14, 2022.

REASONS FOR DECISION
1. Service connection for hearing loss.
We have granted your claim for bilateral hearing loss. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.385)

The effective date of this grant is January 14, 2022. Service connection has been established
from the day VA received your intent to file (ITF) a claim for compensation. When a claim of
service connection is received more than one year after discharge from active duty, the effective
date is the date VA receives the intent to file when a prescribed form is received within a year of
the ITF. (38 CFR 3.155, 38 CFR 3.400)

Service connection is warranted because your military occupational specialty (MOS) of
Automotive Mechanic is consistent with acoustic trauma and your hearing loss has been linked
to that acoustic trauma. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.385)
Your VA examiner opined that it is at least as likely as not that your hearing loss is due to
military noise exposure.

VA examination findings show the left ear with 88 percent discrimination. Decibel (dB) loss at
the puretone threshold of 500 Hertz (Hz) is 25, at 1000 Hz is 20, at 2000 Hz is 30, at 3000 Hz is
55, and at 4000 Hz is 70. The average decibel loss is 44 in the left ear. The right ear shows a
speech discrimination of 92 percent. Your right ear decibel (dB) loss at the puretone threshold of
500Hertz (Hz) is IO, at 1000 Hz is 15, at 2000 Hz is 15, at 3000 Hz is 45, and at 4000 Hz is 60.
The average decibel loss is 34 in the right ear.

An evaluation of O percent is assigned because your right ear has a speech discrimination of92
with an average decibel loss of 34 and your left ear has a speech discrimination of 88 with an
average decibel loss of 44. The evaluation for hearing loss is based on objective testing. Higher
evaluations are assigned for more severe hearing impairment. (38 CFR 4.85)

This is the example of the VA Screwing us with there new Regulations.

 

Edited July 31, 2022 by Rattler767

[Dustoff1970]

I filed for both hearing loss and Tinnitus as direct service connection from Nam combat in 1970.  After QTC audio C&P exam and within 20 days of filing I received 10% for Tinnitus and 0% for hearing loss.  Army 1970 records and DD214 was sufficient for my Tinnitus and slight hearing loss.  No need for appeal.

[Supply Guy]

On 6/8/2022 at 1:06 PM, flow1972 said:

It's been around 3 years or so since I started down the VA Claims path.  From what I've seen reading through these forums, that's a really short period of time to have achieved what I've been able to.  I've had a great deal of help from others on this site, and I've had my share of frustrations with the VA as well.  In the end, it was absolutely worth it.  My hubby and I are both Veterans.  I started this whole VA thing more than 20 years after leaving service.  Neither one of us knew anything about the VA until we got involved in a group with a bunch of Combat Veterans who convinced me that it would be worth my while to at least take a look at it. 

As of last week, we are both now 100% P&T.  I've learned a lot along the way, and I try to help others with what I've learned as much as possible.  Some tips:

1.  Be organized with your claims.  Site what you're claiming, what evidence you're using, and then highlight what you want them to read on said evidence.

2.  Prepare for the C&P by reading their rating guidelines.  Don't just show up.

3.  If you don't have an event documented that actually happened, get a buddy statement.  More than one if you can.  The more, the better.

4.  Do your research on what you're claiming before you submit it.

5.  If some of your evidence is from PMR's, only submit what supports your claim.  DO NOT grant the VA blanket access to your Private information.  They will try to get you to sign a form giving them access, but the law only requires you to submit evidence that supports your claim.  Don't cause yourself unneeded problems.

6.  If you end-up hiring a lawyer, don't expect them to be as thorough as you would be about your case...or as fast.  They will literally wait for the 1 year dead-line for appeal to actually file the appeal.  And it won't be some multi-page legal brief.  It will literally be one or two sentences siting the part of the law that was violated or whatever the basis for the appeal is.  You will most likely never even speak directly with an actual lawyer.  You'll deal with their legal assistant.  Like anything else...some advice the legal assistants give is good..some isn't.  If I'd listened to the legal assistant's opinion that filed the appeal for my husband, he wouldn't be at 100% P&T today.

7.  When in doubt, claim it.

I was out for 26 years with 10% disability before two vets talked me into trying for more.  Fast forward 6 years later I’m at 90% and have an appeal on remand.  I’m using my supply mantra from the Army of never say die with the VA and disabilities now.