Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

GlennieHB

Seaman
  • Posts

    5
  • Joined

  • Last visited

About GlennieHB

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

GlennieHB's Achievements

  1. Thanks for the advice Broncovet. While researching for my July 2021 appeal, I discovered that the VA doctors that I have dealt with had never documented, diagnosed, concluded or analyzed my condition for any of my visits. They just stated what my complaint was. In my March 2020 filing for an increase where I first brought the Meniere's Syndrome issue up asking for a 100% rating I based this on a two month daily diary of my symptoms that my VA ENT doctor asked me to keep. He told me that I had Meniere's, but never actually submitted an analysis or opinion into my medical record. Before I filed my appeal in July 2021 asking for the 100% P & T, I wrote him a message through the VA website so it would be documented in my records and asked him to go back and put an addendum into my record of his analysis of that diary. He did that and placed it with the record of my follow up visit in February 2020. He stated that in his opinion I had Meniere's. In my diary I documented all my symptoms and had more than enough to satisfy what 38 CFR 4.87- 6205 calls for in order to be rated 100%. I clearly laid it out in my appeal that the doctor had failed to enter his diagnosis into the record prior to my March filing and that was why I was filing the appeal and to look back at my Feb 2020 appointment for his documentation. ( I submitted copies of all these visits) I also had another group of appointments that my ENT at Supulveda Medical Center sent me to at the West LA Medical Center where they have a much larger staff. In June of 2021 I asked the ENT who was treating me to document his analysis of my problems, and he clearly wrote that I was suffering from Meniere's and was unable to work and should be rated as such. I don't know if that would qualify as a CUE, or whether I should just write up my NOD and point these thing out. I defiantly discovered that if you want your VA doctor to give you an opinion for your record, you better ask for it.
  2. Hi Berta, thanks for your help and advice. In the "REASONS FOR DECISION" section of my award document, the following was stated: "There is no objective evidence that indicates entitlement to an evaluation in excess of 10 percent prior to the date of your recent VA examination, as there is no objective evidence of regular staggering or cerebellar gait prior to this date". To me, the key phrase here is "objective evidence". I have researched the legal definition of this terminology and depending on the application, it can mean different things. Do you know where I could find the exact definition that the BVA uses in making their decision reviews? Would it be in 38 CFR? I am assuming that the "recent VA examination" referred to was my August 2021 C&P exam, (which was conducted on the phone). Thanks, Glenn
  3. In March of 2020 I filed a claim for increased disability compensation awarded in 2016 of 10% tinnitus, 30% bilateral hearing loss, total 40% rating. My 2020 claim was based on a continually worsening condition with my hearing over the past four years since my original claim. I also included a claim for Meniere’s disease, asking for 100% P&T. This was based on my deteriorating health going back over three years for which I received regular care from the VA, and was originally diagnosed through the VA in 2011. In July of 2020 I was awarded an increase to 50% bilateral hearing loss, 10% tinnitus and 10% for Meniere’s. This totaled to 70% but through the magic of government math I was awarded a 60% rating. I felt this was an incorrect rating based on the evidence in my file and decided to file an appeal. I began to collect evidence in August 2020, asking for a copy of my C&P exam, while continuing to seek treatment at the VA. It wasn’t until early July of 2021 that I submitted a “Decision Review Request: Supplemental Claim” based on the previous award. I waited nearly a year seeking the C&P evidence, sending three letters and placing several phone calls, but never received it, so was forced to submit my claim without knowledge of what was in the first C&P in order to preserve my original filing date. By August 2021 I was called for a second C&P exam and in September 2021 I was awarded 100% P&T, now changing my rating to Meniere’s as the primary, hearing loss and tinnitus as secondary but was denied retro pay. I believe that there is evidence within my claim that proves I am deserving of the retro pay, which totals to over $30K. My question is, how should I pursue this situation? Should I use another VA 20-0995 Decision Review Request? Ask for a “Higher-Level Review on 20-0996 or an “Appeal to the Board of Veterans Appeals” on VA10182? I don’t want to poke the Bear, but $30K is a lot to leave on the table. Any advice would be appreciated.
  4. I have a 30% bi-lateral hearing loss and 10% Tinnitus rating since 5/17. I would like to try and get an increase in my rating or apply for total disability rating (TDUI) but am unsure how to proceed. Which forms to use etc. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010, a possible result of the tinnitus, yet I never thought to include this in my initial quest for a rating, plus vertigo that is associated, or is a symptom of Meniere's and is very debilitating for me. I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused as to which direction to pursue. Any help would be appreciated. Vietnam Vet 64-67.
  5. I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use