68mustang

There was also contamination at Kelly Air Force base in San Antonio,Texas. The government told workers and nearby residents that there was nothing to worry about. I did not believe it at the time and this reinforces my belief. 68mustang

I saw this in the local paper today. 68mustang Supreme Court Slaps Down Appeals Court's Rules Favoring Veterans' VA Benefits Claims By Javier Lavagnino on April 21, 2009 1:36 PM In a 6-3 ruling handed down today, the Supreme Court scolded a federal appeals court that essentially got too friendly in its treatment of certain veterans disability benefits claims. The ruling dealt with cases brought by two veterans, Woodrow Sanders and Patricia Simmons, whose benefits claims were denied by the Department of Veterans Affairs (VA). The veterans had argued that the VA mishandled certain notices it was required to give them under federal law. The law at issue, the Veterans Claims Assistance Act (VCAA), is a law which was passed in 2000 to improve the manner in which the VA assists veterans claiming benefits, and which also set out some basic notice requirements for the VA. At the bottom of this dispute is how mistakes made by the VA regarding notices to veterans are to be treated by courts. The U.S. Court of Appeals for the Federal Circuit had ruled in favor of Sanders in one of the cases, indicating that the system set up by the Veterans Court to review claims of notice error: "...overlooked the uniquely pro-claimant nature of the VA benefits system. Put simply, interpreting [a law] as requiring veterans to overcome a series of complex legal hurdles in order to secure the assistance mandated by Congress would clearly frustrate the purpose of the VCAA." Instead, the court of appeals set up a framework which presumed that notice errors made against veterans were prejudicial, and put the burden on the VA to prove otherwise. However, the Supreme Court felt otherwise, indicating that the framework set up by the court of appeal was basically too "pro-claimant". In it's own words, the framework: "... is too complex and rigid, its presumptions impose unreasonable evidentiary burdens upon the VA,and it is too likely too often to require the Court of Appeals for Veterans Claims (Veterans Court) to treat as harmful errors that in fact are harmless." As a result, the Supreme Court has dealt veterans seeking benefits a setback on how VA notice mistakes will be viewed in court and what the veterans will have to show before they can prevail on such claims. The Court did leave a bit of potential wriggle room for courts to give veterans the benefit of the doubt based on Congress' "special solicitude for the veterans' cause", but only time will tell if or how that is applied.

Diz thanks for the response. Will keep in mind what you said. 68mustang

I agree with you about the bickering. If anyone has any proof against MEDDAC then present it. Those who don't like MEDDAC's posts, no one is forcing you to read or agree with them. We do have good moderators who will take action if there is a need for it. We all can use a little help to fight the VA. 68mustang

Thanks Meddac. It will be an uphill battle for me,but I have to go back to my ENT to provide a nexus between hearing loss, tinnitus, and Meniere's. Plus I have to turn in copies of medical abstracts, which state that acoustic trauma can cause Meniere's Disease. If you have any other suggestions please let me know. Thanks again. 68mustang

Thanks john999. So how does VA get away with doing that? I guess it is up to your medical provider to provide an ironclad diagnosis that will beat the VA. 68mustang

Well I got my decision today. Service connection for Meniere's Disease not granted because it was not related to military service. Service connection for bilateral hearing loss granted at 0% because of military service. The reason for the denial is that the etiology of Meniere's disease is unknown. The VA also states that the report from the QTC examiner did not relate the Meniere's to my hearing loss and tinnitus. My ENT failed to note the connection between Meniere's Disease and hearing loss, tinnitus, and military service. My ENT not having stated that the Meniere's was connected to military service is a roadblock, which I hope to overcome with my ENT's help. The info that I have found on hadit.com should come in handy. Plus I will also use info I have found on the internet about hearing loss, tinnitus and Meniere's and their relationship. If my hearing loss gets worse, do I again have to prove it is service related? Does anyone have any other suggestions on my Meniere's Disease claim? Thanks. 68mustang

If I remember correctly I have seen some VA decisions on the internet where claims for increase in disability were attributed to age and not to military service therefore the claims were denied. 68mustang

Thanks Sharon for the response. 68mustang

The following is from Title 38 Pensions, Bonuses, and Veterans Relief § 4.19 Age in service-connected claims. top Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension. [29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978] I have read it, but I still would like someone to explain how it used in VA claims. Thanks. 68mustang

Hope this helps. 68mustang http://ecfr.gpoaccess.gov/cgi/t/text/text-...6.2&idno=38

I sent IRIS and phone requests trying to find out the status of my claim. I got many different answers. Finally I sent an IRIS request and was told that the exam results performed by a QTC contract doctor had not been received by the VA. I then called the 1-800 number and was told the same thing. By then I was very angry and I called the QTC office about the exam results. QTC told me that the exam had been performed on 2-4-09 and the results were sent 2-6-09. Again I sent another IRIS request telling the VA that I had spoken to QTC and that results had been sent to the VA. The following day IRIS aknowledged that the results were at the VA. 68mustang

You are welcome. Hope that it helps you. 68mustang

Thanks mitchell3006 for responding. I have to wait to see what the VA's QTC contract specialist notes in his report. After the examination he stated that I had Meniere's Disease, but did not state whether it was or not cause by the type of military job I did. I am rated for tinnitus at 10%. There are medical abstracts that state that the cause of Meniere's is unknown and then there are some that state acoustic trauma is the cause. Some state that Meniere's may develop many years after exposure to acoustic trauma. There are also VA decisions where veterans have been awarded compensation for Meniere's that began many years after military service because of the jobs that they did in the military. Plus there are also many where compensattion has been denied because Meniere's did not show up until many years later. The web site that I put in my earlier post has very good info about noise and military service. And how noise can lead to hearing loss and tinnitus many years later after exposure to noise in the military. I will continue to post info on hearing loss,tinnitus, and Meniere's Disease that I find that could be helpful. Thanks again. 68mustang

Some of the members may want to check this web site. 68mustang http://www.veteranprograms.com/

Thanks Berta for the response. The veteran really got the short end of the stick. If I read it correctly none of the veterans' personal medical providers stated that his problems were more likely than not caused by his military service. The VA did everything possible to evade the issue of service connection by using his recreation gunfire exposure . The following web site has the report on the congressionally mandated study by the Institute of Medicine assessed noise-induced hearing loss and tinnitus associated with military service from World War II to the present, the effects of noise on hearing, and the availability of audiometric testing data for active duty personnel. It states that whisper tests were not reliable to assess hearing loss yet the VA will use the military services administration of whisper test to say a veteran had no hearing loss at separation. There is a lot of info in the report, which can be read for free. 68mustang http://www.nap.edu/catalog.php?record_id=11443

Berta I have been doing research on the internet about Meniere's disease. I have found some medical abstracts and reports that state what causes it and some state that the causes are unknown. I don't know much about medical treatises, but are medical abstracts and reports considered treatises? Acoustic trauma is stated in some of the abstracts and reports as a cause of Meniere's Disease. There is a book that states one of the causes of Meniere's Disease is acoustic trauma. I am already rated at 10% for tinnitus, which was diagnosed as having been caused by acoustic trauma while working both in US Navy ships' boiler rooms and engine rooms. How can this information be used if my claim is denied for hearing loss and Meniere's Disease, which were diagnosed by the exam specialist contracted by the VA. If anyone else has any input to provide please do so. Thanks. 68mustang

Thanks Sharon for your response. Some VA decisions on Meniere's that I have seen were denied or approved when there was exposure to acoustic trauma. It does not make sense that some are approved and some are denied. I guess it is all up to a hearing specialist stating that it was most likely caused by your military occupation and hope that VA accepts the diagnosis. Thanks 68mustang

I noticed that on my posts recently there is what looks like a "Locked Topic" symbol? What is it and what does it do to my posts. Does it keep others from answering my posts? Thanks 68mustang

Berta I have been doing research on the internet about Meniere's disease. I have found some medical abstracts and reports that state what causes it and some state that the causes are unknown. I don't know much about medical treatises, but are medical abstracts and reports considered treatises? Acoustic trauma is stated in some of the abstracts and reports as a cause of Meniere's Disease. There is a book that states one of the causes of Meniere's Disease is acoustic trauma. I am already rated at 10% for tinnitus, which was diagnosed as having been caused by acoustic trauma while working both in US Navy ships' boiler rooms and engine rooms. How can this information be used if my claim is denied for hearing loss and Meniere's Disease, which were diagnosed by the exam specialist contracted by the VA. If anyone else has any input to provide please do so. Thanks. 68mustang

It has only been at selected theaters. It may go to more theaters in the future. 68mustang

I heard about this movie on tv thought some vets would be interested in seeing it. If the moderators feel that it is too political go ahead and delete this post. Thanks. http://www.brothersatwarmovie.com/#/Home 68mustang

This is what ACH and EFT are. http://www.cbp.gov/xp/cgov/trade/automated...dit_details.xml 68mustang

pilgrim01 I received this afternoon by internet a response to my previous IRIS request. I was told that after reviewing my files it showed that the VA had not received the exam report from the QTC doctor who performed the hearing loss /vertigo exam . I called the QTC office here that sent me for the exam and they checked their records. The records show that the exam was done on 2-4-2009 and a copy of the exam was sent to the VA on 2-6-2009. I called the 1-800 number and I was told by the VA rep. that the system showed that the exam record had not been received. I told the VA rep. that QTC had sent a copy of the report on 2-6-2009 and what could be the problem with the VA's non receipt of the exam report. The VA rep. stated that he would put me on hold and then came back and said that he had checked another system and it showed that the report was at the VA. He said he would note it in the system that the report was at the VA so that other VA reps. could also know that the report was there. Get ready for this !!!!! When I asked the VA rep. where he checked he stated that it was another system that they had access to. I asked him if it was the "VIrtual" system and he replied that it was. I then asked him if anyone can request that they checked the vitural system he answered yes. I asked him him where the call center was located at and he said Oklahoma City. Plus there is another in Phoenix, Arizona and I believe he said there are two more call centers. I don't know if when you call the 1-800 you will randomly be directed to a particular call center, which would account for all the different answers we receive. Thanks to all of you who mentioned the virtual system because I was not aware that such a system existed. It just shows how much this web site and it's members can help. 68mustang