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!

[Rattler]

46 minutes ago, Gboyington said:

I appreciate the input from all. I submitted my supplemental claim with my IMO nexus opinion from Dr. Erickson. While she worked for the VA doing hundreds of hearing/tinnitus C&P exams,  I expect the VA to deny my claim. 

Thank you!

They May surprise you. When you get a good IMO from a doc that has done more than one and has a good back ground that they can't challenge it may turn around. I did for me on five SC issues in the last 6 mo.

brokensoldier244th I was told about the auto C & P Exams by 800-Betty so take it for what it's worth.

[brokensoldier244th]

Exactly. The phone people know enough to read some of the notes we leave, and that's it.  There are no auto c&P's. They still all have to be reviewed and approved. 

[Gboyington]

12 hours ago, Rattler said:

They May surprise you. When you get a good IMO from a doc that has done more than one and has a good back ground that they can't challenge it may turn around. I did for me on five SC issues in the last 6 mo.

brokensoldier244th I was told about the auto C & P Exams by 800-Betty so take it for what it's worth.

From your lips to God's ear!

[Rattler]

Amen.

[Gboyington]

It only took five weeks for the VA to respond to my nexus letter and supplemental claim - denied again. Thoughts on the next steps; file HLR, go straight to NOD, obtain another IMO letter, and file a supplemental claim (this option seems like tossing good money after bad).  see the attached VA letter. I appreciate any advice. 

Thanks!Redacted VA Supplemental Claim Denial_Redacted.pdf

Edited May 21, 2023 by Gboyington

[brokensoldier244th]

Depends on the reason for denial. Without that there's not much anyone can advise you on.