HvyGns38

Pete...I understand that part, I just think it is positive that the reason they gave for denying me did not include "not service connected."

Thanks for all the replies. The way I see it is that they denied me in the first place, but now, after I submitted new and current evidence and diagnoses, they are asking for a C&P it is a positive. When they denied me in the first place, the only reason they gave me for denying me was because they did not have a current diagnoses, which I have now provided them.

After being denied for meniere's diease I appealed and asked for a new DRO to take a look at my claim and submitted new evidence. I just received a notice for a C&P exam with an ENT Dr. Does this mean that the VA believes, with the new evidence I submitted, that my meniere's disease is now service connected? OR do I still have to convince the C&P examiner that it is service connected? Thanks in advance for you help.

Ooops. . .One last question. Does the child have to be a full time student? I am assuming yes. Thank you

Thanks everyone for all the replies. It is crystal clear now!!! Thanks again!!!!!!!!!!!!!!!

Is that what it goes up too when they are in college?

This may be a very stupid question, but how does this work? My daughter will graduate HS next year and will be going to college. Is this pay rate for children over 18 and still in HS or attending college? Just looking at the pay table and it is alot more than the regular children pay. Thanks for your patience with this question. Just not sure if there are special circumstances with the over 18 pay or not.

Berta, Not sure what the actual C&P exam notes say, but this phrase was taken word for word from the approval letter for my right ear hearing loss. Not sure what you mean by IMO examples on hadit?

Thanks for the kind words. I beleive it will be a long haul, but, as you mentioned, I am hoping the VA examiners statement from my hearing loss exam will play in my favor. Key thing is, if she would have put the disease AFTER the military service statement I do not think I would have a bigger battle to fight, but she put it BEFORE. Hopefully it will be helpful. Thanks again!!

Carlie, Good point. I posted kind of fast and was not thinking about the details and just assumed. John, I understand the VA language, but that is what the Dr. wrote. He reviewed my SMR and came to the conlusion that in all "likelihood" it began in the military. Hopefully, the VA will give me the benefit of the doubt. So, I guess I should assume that this may not get very far with the VA.

Hi Carlie, The Dr. is an Otolaryngologist. The letter from the Dr. goes into more detail, i just did not want to post it all here. The letter basically goes into an MRI to rule out a tumor, vertigo, hearing loss and tinnitus etc during his multiple exams. He did give dates, but they were not in the same paragraph as the "review" of my SMR's. Thanks for the reply.

This is my statement in support of claim that I am sending to the VA along with the letter from my Dr. stating that "After careful review of Mr. XXXXXX service treatment records, it appears that Mr. XXXXX has long standing Meniere's disease that in all likelihood began while he was in the military in the early 1990's." What does everyone think? Do I have most of my bases covered? Remember from my previous posts, the VA denied me on the grounds of no current medical diagnosis. Thanks for your time!!!! This statement, in support of claim is made as a follow up to my Notice of Disagreement that was received by VARO Roanoke on November 8th 2010. On April 13, 2010 I received a decision letter denying my claim for Meniere's Disease. The VA is in custody of my service medical records which show repeated instances of care for my right ear hearing loss while in the military. During my military service in the early 1990's, I had periodic episodes of vertigo along with the hearing loss and tinnitus. On August 3, 1995 an attending physician noted symptoms consistent with right ear eustachian tube dysfunction and it was likewise noted during my separation exam on July 31, 1995. It is imperative to note, however, that these were brief exams with only hearing tests and a brief look inside the ear canal. These test were not thorough enough to detect Meniere's disease. In 1997, after the vertigo episodes had gotten so frequent and severe, I underwent exploratory right ear surgery. Initially, the attending doctor made a pre-surgical diagnosis of perilymph fistula. The pre-surgical diagnosis of perilymph fistula which upon further research was negative. Following the surgery I was diagnosed with Meniere's disease by the Otolaryngology surgeon. The attending Doctor explained to me that there was no cure for this disease and it was something I would have to live with for the rest of my life. In a VA decision letter received on July 28, 2009 for right ear hearing loss, it was noted by the VA examiner that "It is at least likely as not that the veteran's hearing loss and tinnitus are related to noise exposure as a Rifleman and Infantry Unit Leader and Meniere's Disease during his military service." In the decision process, this may have been overlooked. At the present time my vertigo has become serious enough that it is causing me to miss a substantial amount of work. Because of this, I started seeing a new Otolaryngologist who has also diagnosed me with Meniere's disease. He performed an MRI to check for any acoustical tumors, which was negative. Please see attached doctor notes. I have requested a De Novo review, a review by a Decision Review Officer at the Regional Office level.

I think that is the problem because the most recent medical care I have for it dates back to 1997 when I had surgery on my ear. I just lived with the disease since then because the surgeon at the time said that there was no cure and that it was something I have to live with. However, for the past two years I have been getting treatment for it which basically consists of a diuretic and medicine for vertigo which does not work. My new Dr. said this is the best treatment. What really does not sound right is there own VA examiner stated that I had this disease and it began when I was in the military and that was in 2009. They completely ignored that. Anyway, how does my statement below look for my support letter? Thanks again for your help!!

Thank you for the information. According to the VA denial letter, they indicate the only reason they denied my claim was due to lack of current diagnosis or recent treatment records. I have a current letter from IMO stating my current diagnosis and that he believes it started with my hearing loss which was in the military.

Thanks for the reply, Berta. The surgery was done two years after I got out of the military, but the hearing loss and tinnitus was present while in service. I found out about the request for reconsideration after I filed the NOD. However, in the NOD I asked for a review by a new decision officer. Plus, my clock was running out for the NOD. I do not have the actual c&p results, just the letter from my hearing exam explaining about my hearing loss. I have not had a c&p for my meniere's disease because the denied my SC. I refiled for meniere's disease in a separate claim. . .which they denied. At this time I do not have a vet rep because their mailbox is full...every last one that I have called. Do you think this statement will do for my statement in support?