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Tinnitus

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  • #46
    Moe,
    I think the distinction between Viet Vet and Viet Era Vet is important as I know a couple of guys who have been portraying themselves as Vietnam Vets and letting people assume they were in country, combat vets when in fact they spent their entire tour of duty in Germany or other cushy spots.

    I have seen these same get benefits that those experienced to Agent O were entitled to despite lack of exposure. I also have known a couple who never set foot in country but were diagnosed, and received benefits for, PTSD and/or other psychiatric illnesses. Ditto for job preference in government hiring. My sense of fairness recoils at this, yet the VA made many promises it never intended to keep.
    Deborah

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    • #47
      Tinnitus update

      Maybe we will see a ruling before the fourth. I will check often at the Federal Circuit for any new info..[/QUOTE]

      Moe,
      Hope you are still monitoring this subject. I was at a meeting today in our County Veteran's Service Office. Kind of a nice meeting with our State Senator about some state issues for veterans. We had guys from the Marine Corps League, Fleet Reserve, American Legion, VFW, NAUS, DAV and VVA. A pretty good cross section of the veteran community.
      Anyway, after the meeting I checked with my VSO about my Appeal to the BVA. I have requested a hearing with the traveling board. She tells me that she just recently heard that cases like mine and I think yours, are on hold waiting for the decision on the VA appeal. If the appeal is denied we may not have to have a board hearing according to her. So I guess I will continue to be patient. At least if it comes in favorable to us, the benefits are all retroactive.

      Brian

      Comment


      • #48
        Originally posted by Chippysgt
        Maybe we will see a ruling before the fourth. I will check often at the Federal Circuit for any new info..
        Moe,
        Hope you are still monitoring this subject. I was at a meeting today in our County Veteran's Service Office. Kind of a nice meeting with our State Senator about some state issues for veterans. We had guys from the Marine Corps League, Fleet Reserve, American Legion, VFW, NAUS, DAV and VVA. A pretty good cross section of the veteran community.
        Anyway, after the meeting I checked with my VSO about my Appeal to the BVA. I have requested a hearing with the traveling board. She tells me that she just recently heard that cases like mine and I think yours, are on hold waiting for the decision on the VA appeal. If the appeal is denied we may not have to have a board hearing according to her. So I guess I will continue to be patient. At least if it comes in favorable to us, the benefits are all retroactive.

        Brian[/QUOTE]




        Yes I still pop in from time to time. Haven't had anything of substance to post. Good to hear about the VA appeal. I haven't heard anything until now. The Fed circuit is like a secret organization.

        Thanks for the update.

        Moe

        Comment


        • #49
          Brian, the VA appeal at the Fed Circuit is Smith vs Nicholson I hope. I may be looking for the wrong case.

          My disability rating was recently upped to 70% so I am not sure if another 10% would benefit me. I haven't figured out VA math. After playing tag with the VA for 24 years I'm growing weary. It may be time for R&R.

          Comment


          • #50
            The Feds have rendered a decision in Smith vs Nicholson. Not sure what they said and all my sources are mum on the subject. I visit a site that has quite a few RO rating specialists participating and the one and only comment made was that the feds remanded the case to a lower court for a decision favorable to the DAV's position.

            I don't understand legalese so I can't unravel the decision myself. Even the DAV is mum on the subject.

            Comment


            • #51
              Originally posted by moe1942
              The Feds have rendered a decision in Smith vs Nicholson. Not sure what they said and all my sources are mum on the subject. I visit a site that has quite a few RO rating specialists participating and the one and only comment made was that the feds remanded the case to a lower court for a decision favorable to the DAV's position.

              I don't understand legalese so I can't unravel the decision myself. Even the DAV is mum on the subject.
              Moe,

              I read over some of the decisions too and they all seemed to support our cause but again, like you, I am an honest man, not a lawyer. It does sound promising though. I will continue to patiently wait.

              I was pleased to hear from my County VSO that she has had Iraq War veterans getting claims settled in as little as a month. My VVA chapter was selling hot dogs and drinks at an event yesterday and a young kid came up and was looking at our table with pins and t-shirts, He had a beard and sandels so I was wondering and I asked him if he was a vet. He says Yeah, 82 Airborne and just got back from his second tour in Iraq. I hugged the hippy looking turd and gave him a big Welcome Home. Says he finished a tour in the Army and just signed up for six years in the National Guard. Made me feel good to met a young patriot that is proud to be serving his country.

              Comment


              • #52
                Chippysgt,

                It is too quiet on this Fed Circuit decision. Nothing at the DAV site either. You would think they would have posted something if they won.

                I go to six Vet sites and except for that one comment nothing. Very strange.

                I too am glad to see that recruitment hasn't dried up. Although going Guard is almost the same as active duty anymore. At least the guys in the 256th here in La would agree.

                Comment


                • #53
                  Looks like this is a dead issue. Everything I have read seems to indicate the fix was in.

                  Tinnitus score: VA 1, Vets 0...

                  It wouldn't have affected my rating but many others would have benefited.

                  Comment


                  • #54
                    Tell me it ain't so!

                    I just recieved a letter the other day, one of about 6 this year, assuring me my claim is still in the works. Seem like if they stopped sending out those damn letters and spent more time processing claims we all might be more content.

                    Comment


                    • #55
                      Originally posted by Larry South
                      I just recieved a letter the other day, one of about 6 this year, assuring me my claim is still in the works. Seem like if they stopped sending out those damn letters and spent more time processing claims we all might be more content.

                      I received one once and I didn't have a claim in the system.

                      I think I will quit fooling with the VA. I'm at seventy percent and I don't need the aggravation. I won't even put in for IU. Getting too old to jump through hoops. Think I'll just try to help others with info I've gained the hard way.

                      For those who are still in the fight, a good site is hadit.com. A few there that are pretty savvy about the claims process.

                      My best to all.

                      Comment


                      • #56
                        Don't talk like that!

                        Moe 1942, Damn you, don't be like that! When I go to the VA clinic we have here in Bakersfield, the one thing I am proud of is, I can always spot a Marine because there are always a bunch of hippy looking, weirdo's there and I can almost always strike up a conversation with a Marine. Don't give up any fight you may have. If you need help, let me know. I am only about 4 years into the VA system and I am sure I will need your help in the future.

                        Comment


                        • #57
                          Veteran's lost the Appeal on Tinnitus

                          The full text of the decision by the Federal Circuit Court of Appeals,. (Link goes to .pdf file)
                          http://www.ll.georgetown.edu/Federal...ns/05-7168.pdf

                          The fight to have tinnitus determined to be bi-lateral (20%) instead of a single condition at 10% was lost recently, June 2006, at the Fed Circuit in the Smith case. Of course that decision only affects vets who filed before May 2003, because the VA further revised DC 6260 in May 2003 so that claims filed after that date could only get a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head." 38 C.F.R. § 4.87, DC 6260 (2004).

                          The DAV is trying to take the case to the Supremes, but over the years they've shown little interest in veterans' cases. About the only significant one they ever decided was Gardener, and right after the did that, Congress revised 38 Sect.1151 to delete that veteran friendly provision. So don't hold out any special hopes for Smith at the Supreme Ct

                          TINNITUS CLAIMS AFFECTED BY SMITH V. NICHOLSON – UPDATE

                          In the Smith v, Nicholson case, the U. S. Court of Appeals for Veterans Claims reversed the BVA decision, which concluded that no more than a single 10-point disability evaluation would be provided for tinnitus. Subsequently, in a decision dated June 19, 2006, the Federal Circuit reversed the Veteran’s Court decision and affirmed VA’s long standing interpretation of DC 6260 authorizing a singly 10-percent rating for tinnitus, whether unilateral or bilateral.

                          Actions by the CAVC, VBA and BVA:

                          • The Court of Appeals for Veterans Claims has imposed a stay on processing any appeals involving this issue until period allowed for an appeal to the Supreme Court expires. (Under Supreme Court rules, a petition may be submitted within 90 days of the date the appealed decision was entered in the lower court.) See: http://www.vetapp.gov/MiscOrd-5-06.pdf

                          • The Chairman, Board of Veterans Appeals (BVA) lifted the stay on processing these tinnitus cases by rescinding his Memorandum No. 01-05-08 (April 28, 2005), “Processing of Tinnitus Claims affected by Smith v. Nicholson – Imposition of Stay.”

                          • In a memorandum dated July 10, 2006, lifted the stay on processing certain tinnitus claims utilizing the interpretation of the regulation that a single 10-percent rating is the maximum rating available under DC 6260.

                          "Keep on, Keepin' on"
                          Dan Cedusky, Champaign IL "Colonel Dan"
                          See my web site at:
                          http://www.angelfire.com/il2/VeteranIssues/

                          Comment


                          • #58
                            Originally posted by Larry South
                            Moe 1942, Damn you, don't be like that! When I go to the VA clinic we have here in Bakersfield, the one thing I am proud of is, I can always spot a Marine because there are always a bunch of hippy looking, weirdo's there and I can almost always strike up a conversation with a Marine. Don't give up any fight you may have. If you need help, let me know. I am only about 4 years into the VA system and I am sure I will need your help in the future.


                            Larry didn't know I came across as a quitter per se, but rereading what I said it did sound that way. I meant to communicate that I had reached a point where my conditions would have to deteriorate much further before I could ask for any increase in ratings.

                            The tinnitus case was the last one I could pursue and it wouldn't have increased my rating.

                            I don't need the aggravation but I have put up with the VA BS for 24 years and just need a breather. I think the best I can do now is put what I have learned to use by helping others.

                            Also, I'm USAF...

                            Comment


                            • #59
                              Oops!

                              I may have overreacted a little when I thought you were quitting. Even if you are USAF. Sounds like you are right about the decision though. Oh yeah, I think I may have confiscated some plywood from you guys @ MMAF. Looking forward to having a beer with you someday.

                              Good luck, Larry

                              Comment


                              • #60
                                Originally posted by Larry South
                                I may have overreacted a little when I thought you were quitting. Even if you are USAF. Sounds like you are right about the decision though. Oh yeah, I think I may have confiscated some plywood from you guys @ MMAF. Looking forward to having a beer with you someday.

                                Good luck, Larry

                                My trap worked. We've been looking for you! It was Nam 70. You never brought the steaks...

                                Dittos on the beer.

                                Moe

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