Supplemental Claim Question

[Gboyington]

Hello,

My claim for Tinnitus was denied. I submitted a HLR and it was also denied. It has been over a year since the HLR was denied. I had given up the fight against the VA but recently decided to try again. If I obtain a nexus letter from an audiologist, is that considered "new and relevant evidence" to warrant the VA re-opening my case?

Thanks!

[brokensoldier244th]

That's not how VA claims review work. His filling for tinnitus has nothing to do with his other contentions and if they were in question for severity he wouldn't have gotten to 100 in the first place. 

[Gboyington]

I don't have any ratings yet. 

[brokensoldier244th]

Apologies- I skimmed further up and thought maybe I missed something about you already being rated. 

[pacmanx1]

1 hour ago, brokensoldier244th said:

Apologies- I skimmed further up and thought maybe I missed something about you already being rated. 

Broken, it is called transposing. Stayfocus was responding to Gboyington post but copied your profile rating percentage from your response from what I can gather.

Stayfocus, even though we have posted many posts about the rarity of a veteran get reduced or a reduction letter when they file for an increase, please try to post more accurate information. I will admit it does happen, but it is so rare it hardly happens and when it does, the veteran has a right to appeal. Once again it is unlawful for the VA to just try to reduce a veteran’s rating when the veteran files for an increase at any rating percentage.

As to transposing, I have seen raters get so upset that they could not close a veteran’s claim out that the may open another veteran’s claim right on their desk and when they complete and close the second claim. They transpose information form the first claim they could not figure out and then make a mistake and close both claims.

[Stayfocus]

9 hours ago, pacmanx1 said:

Broken, it is called transposing. Stayfocus was responding to Gboyington post but copied your profile rating percentage from your response from what I can gather.

Stayfocus, even though we have posted many posts about the rarity of a veteran get reduced or a reduction letter when they file for an increase, please try to post more accurate information. I will admit it does happen, but it is so rare it hardly happens and when it does, the veteran has a right to appeal. Once again it is unlawful for the VA to just try to reduce a veteran’s rating when the veteran files for an increase at any rating percentage.

As to transposing, I have seen raters get so upset that they could not close a veteran’s claim out that the may open another veteran’s claim right on their desk and when they complete and close the second claim. They transpose information form the first claim they could not figure out and then make a mistake and close both claims.

My apologies, I will own my mistake. 
Thank you for you knowledge.

[Rattler]

On 3/27/2023 at 12:32 PM, Gboyington said:

I appreciate your response. Is the next step to submit a nexus letter with VA forms 20-0095 (decision review request - supplemental claim) and 21-4138 (statement in support of the claim)?

Lastly, in addition to the nexus letter, is there anything I can do or submit to increase the odds of the VA re-opening my case?

That is exactly what I would do is the above. Here's your problem. The VA changed the rating table for hearing last year it's harder to get ratted. Do you have other SC injuries you can use to get your foot in the door.