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Hey all I have been out of here for a while dealing with issues and am now in a wheelchair from leg surgery which just happens to coincide with my latest C&P results finally showing up. Before this latest I was at 100% plus few miscellaneous 10 and 0 %’s.
The situation is complicated and I need to figure out my options in light of the changes between the legacy system, ramp and AMP (?).
The first hurdle, is my original award in 2013 did not show evidence they evaluated my OSA even though it was documented, diagnosed in May 2013 and should have been in my medical records by the time they did the award. VAMC New Orleans claims to have “lost” those records but Tulane Hospital has provided them to me and I have notes in my record that I had one, that the records were annotated in my file (supposedly in my file) and that a CPAP was issued.
I was never notified this was a compensable condition or that a C&P should be requested. I did not find this out until Aug 2018.
There is also my tests done for Vertigo, including being waterboarded through the ear and having MRI’s performed to find out if I had tumors causing the vertigo. VAMC New Orleans says they don’t have these records but the same issue arises as with the OSA. I have the MRI, and my record has notes that the VNG was done. The award letter is silent on this issue.
I have sent the VAMC FOIA requests on both issues multiple times and they don’t even bother to answer me. When I call they just say there are no records and hang up on me.
How can I reopen that original claim, and would it keep the original dates?
To add complexity the original award denied me for hearing loss. The C&P examiner failed to look at my entire service record, instead she only looked at my first enlistment. I informed her of the Vertigo also but she made no mention of it in the report. On this particular issue, and the vertigo, the VA just rated me for 30% on vertigo and 0 for hearing loss. The dates for both were August 2108. At a minimum I want the hearing loss to be corrected back to the original date. It would also set up the argument for failing in their Duty to Assist and Notify on the Vertigo.
I have my c-file and the notes and exams from external providers (sleep study and MRI).
I believe this all constitutes New and Relevant (I guess that is the new term) Information.
I just need to know how I process this under the new system? Is it a supplemental claim? will I get an EED?
I will be filing a NOD on the recent 30% rating for Vertigo, the award letter has not yet arrived, it is over due, but the C&P doc was incompetent and my medical file shows that I am more in line with a rating of 60 or 100% for Meniures. I have VA treatment records recording my “drunk gait”, nystagmus, and passing out from the vertigo. In 2013 time frame I would experience this 3 to 4 times a month in the worst months. Now it is 4 to 6 times a week, every time I roll over quickly or have any type of rapid head movement.
So on the NOD, since it was for the August, 2018 claim, am I supposed to just file a typical NOD?
can I ask for backdate (EED) based on the previous VNG and MRI from 2013 where they lost the records and failed to Notify or Assist me in filing a claim? My Vertigo has gone untreated and unassisted by the VA until 2018. It has grown significantly worse. This seems to constitute harm to me from their negligence.
I want to note again in the decision about the August 2018 claim they did grant me SC for the hearing loss. Their error is clear and unmistakable. It is also tied to the Vertigo so the EED hearing would also seem to affect that; The VA does not send us for MRI’s and VNG’s (waterboarding) just for hearing loss, so they knew and started the process, they just dropped the ball in getting that info to the raters.
Thanks for any help on the new processes.
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Hey all I have been out of here for a while dealing with issues and am now in a wheelchair from leg surgery which just happens to coincide with my latest C&P results finally showing up. Before this latest I was at 100% plus few miscellaneous 10 and 0 %s.