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@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
@  Asiadaug : (16 November 2014 - 02:08 AM) "rolled" Not Ruled! :)
@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
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Va Fl 06-28


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#1 fanaticbooks

 
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Posted 28 November 2010 - 04:31 PM

NOTE: Go to pinned topic, this forum, for index of all letters available.

Attached File  VA Fast Letter 06-28.pdf   76.81KB   18 downloads


DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420



December 22, 2006



Director (00/21)

All VA Regional Offices and Centers



In Reply Refer To: 211A

Fast Letter 06-28



SUBJ: Hartness v. Nicholson



This letter contains guidance for adjudicating special monthly pension (SMP) cases where the veteran is 65 years of age or older.





Background



On July 21, 2006, the U.S. Court of Appeals for Veterans Claims (CAVC) issued a decision in the case of Hartness v. Nicholson (2006). The veteran had been found entitled to non-serviceconnected disability pension benefits under the provisions of title 38 U.S.C. 1513(a) based on being over age 65. He subsequently submitted a private medical report in support of a claim for SMP. He was determined to be 70 percent disabled due to loss of vision and entitlement to SMP was denied. The CAVC reversed a May 2004 Board decision affirming the denial and remanded the matter to the Board.



The CAVC determined that the Board erred because it failed to apply section 1513(a) when considering whether Mr. Hartness was entitled to SMP under title 38 U.S.C. 1521(e). The CAVC held that "application of section 1513(a) results in the exclusion of the permanent-and-totaldisability requirement in section 1521(a) and (e) when considering whether a veteran 65 years of age or older is entitled to non-service-connected disability pension." The CAVC interpreted section 1513(a) as requiring an award of SMP to a wartime veteran "if, in addition to being at least 65 years old, he or she possesses a minimum disability rating of 60 percent or is considered permanently housebound as defined under 38 U.S.C. 1502."