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Pending HLR

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jfrei

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While my higher level review for my hearing loss is awaiting service connection Ive been getting evidence all lined up which cant be submitted for the review very annoying. Ive been deemed eligible for the 3M settlement for my hearing loss and tinnitus by Brown and Greer who is handling all the 280 k claims. Is there anyway to submit their medical findings into evidence now or do I have to wait for the denial first?

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I'm only going to give you my opinion on the 3M claim.  I was awarded a small sum from Monsanto on the Agent Orange settlement, back in '89, probably because the VA had only awarded me 30%, at that time, which was about $2.5k from Monsanto, paid in 3 payments, over a 3yr period.  I later was awarded 100% schedular retro to '89.  Had I been 100% at the time originally, I would have received $10+k.  Of course, the VA screwed me again, my opinion.  The Monsanto settlement ended in the early '90's.

I believe since the 3M settlement was due to a probable tort action, it will have no bearing on your VA claim(jmo).  Kinda like the latest Trump case.  Not found criminally guilty of rape but plaintiff awarded millions by a tort.  Just sayin'.  I could always be wrong.

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It’s actually a personal injury lawsuit and the settlement says the actual earplugs  we wore in service caused our hearing loss and or tinnitus during our service. I had a strong case I actually gave my attorney the actual plugs I wore in Afghanistan 

4BEFF523-53EC-4BF9-981E-36596D773FF2.jpeg

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Well I filed a supplemental appeal with the new relevant evidence, while the HLR has been sitting collecting dust since November. Either way the new evidence is submitted but wonder which one gets decided first. Guess we will see the VAs speed on appeals or HLR

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A year or so ago the VA had a deadline 120 Days. I Suspect that all the PACT Act claims has slowed it down a bit. If you are filing an HLR I had one go through in September 2022 in about 2 1/2 weeks. I had all my ducks in lined up for that one its was a no brainer for them. I put a supplemental claim in january 2023 and it took a little over 90 days. I would PM brokensoldger244th. He may have a better idea an how long it takes to get those kind of claims through.

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So update as of friday the supplemental appeal has been closed that I filed in January 30th. The claim for burnpit service connected 0 and 10%.As for the HLR still its says no movement as of November, but as the appeal was for the same thing which I sent in my evidence of the lawsuit I was involved with showing my hearing loss tied to the earplug use and my military time which was closed on the 8th of Feb now that evidence is in my file will the HLR have to take that evidence into consideration? If so filing an HLR and a supplemental appeal at the same time was definitely good plan if you have evidence shows your service connected . I mean it could have went the other way I guess the VA being slow has it benefits which I have never said and Ill deny it if someone asks me lol

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 The claim for the pact act hasn't closed but shows two new disabilities in my service connected list and says decision sent Feb 15th. But instead of closing the claim they added hearing loss to the open claims, the disability from the HLR still open and the supplemental appeal which closed Feb 10th into the claim. So I have no idea whats moving and whats next. Hearing loss wont give me anymore compensation just have been fighting for the service connection with the VA since 2021, there first denial saying my MOS was on the list, but with no way to show my service was the cause to my hearing loss just tinnitus due to my TBI.
 

But now Im in and will be receiving part of the 3M settlement for the plugs I wore saying my hearing was effected because of the plugs as proof as being the cause of my tinnitus and my hearing loss. So if I go to an exam I will most definitely show the settlement reports that Im eligible and their IMO they have from my military medical records as their reasoning that im qualified to see the doctors reaction. Last time I mentioned it he blew me off in 2021 and in 2022 because other then being on the docket it wasn’t approved until last year. 
 

I know this sounds petty but having an accurate disability list with accurate dx is more to me then money. Also my journey will help others, with service connected the over 200k veterans in the  settlement can go in the settlement portal and print the documents for the evidence to take to the examination. Thats if mine is a success story Ill be updating this  post…

 

IMG_8289hearing.pdf IMG_8288tinnitus.pdf

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