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?

Will the following statement in support of claim suffice for a NOD/Denovo review? Do I need to add anything? This statement in support of claim is made as a follow up to my Notice of Disagreement that was received by VARO XXXXXX 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. 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 was negative and following the surgery I was diagnosed with Meniere's disease. At the time the doctor noted to me that there was no cure for this disease and it was something that I had to live with. 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." 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. Please see attached doctor notes. I request a De Novo review, a review by a Decision Review Officer at the Regional Office level.

Thanks Carlie!! Right now my claim is still at VRO and I have only requested an NOD with a Denovo review. The IMO that I have is current and basically says everything that you have indicated except the part about reviewing my SMR's. I have not sent in the letter to the VRO yet, I wanted to get some opinions of if I need anything else. Also, he is an ENT Doctor not an audiologist. I will post tomorrow morning what the letter says exactly. The evaluation letter from my hearing loss test that the VA did and awarded me 10% for my hearing says "The VA examiner notes 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.' " That is word for word what the VA examiner wrote in July of 2009 regarding my hearing loss exam. I just do not understand why they did not take this into consideration when the denied my claim!! Thanks again.

Thank you soooo much for the help, Jim. I have a surgical report from an IMO from 1997, and a diagnosis from an IMO done last month and he opined what was diagnosed in 1997 of Meniere's. Additionally, the VA QTC examiner opined that my hearing loss was from Meniere's. Will this be enough??

Carlie, Not sure what you mean by "meat to add to the bone". I have surgical reports from 1997, which the VA already has, a statement from the QTC Dr. from my hearing exam, and one letter from a current Dr. verifying that I still have and have a current diagnosis of this disease. What else do I need? The VA, in their denial letter, indicated that the only reason they could not grant SC'd disability is because of my lack of current diagnosis. Not sure what else I can give them. This is not a curable disease, that I know of. Please let me know what else you think I need.

Carlie, Thinking back with the evidence that I have and the QTC examination by the VA Dr. that stated I have this disease, I should have done the reconsideration. However, ther NOD clock is what concerned me when I did the NOD. However, I did do the Denovo review, so hopefully it will go quick. Thank you everyone for your input.

April 13, 2010. I filed my NOD on November 7, 2010.

I feel your pain, Josephine!! The vertigo attacks can last anywhere from 2 hours to 16 hours. I have missed so much work because of these attacks!!

Berta, I did not submit the IMO with my original claim, but I am submitting it with my NOD. Should I have only submitted a reconsideration instead of an NOD? I guess it is too late for the reconsideration. ALSO, is there a particular form to submit your new evidence and SOC to the VA? It isn't form 9 is it? The only thing that bothers me is that they completely ingnored the findings from their own QTC Dr.

April 13, 2010 is the date stamp on the decision. I have already sent in my NOD for a new Denovo review (sp?) at the begining of Nov., return receipt. I mentioned in my letter that new evidence was forthcoming. Thanks Carlie!!

I am posting exactly what the VA denial letter says and what my current IMO states and just want to get everyone's opinion on my chances of my NOD for my disability. Thank you for your help. 2. Service connection for Meniere's disease. Service connection may be established where the facts established that a particular disease or injury resulting in the claimed disability was incurred in or agravated during active military service or manifested to a compensable level during the presumptive period. Disabilities proximately due to or the result of military service connected disease or injury shall also be service connected. Your service treatement records, reviewed and herein considered, show repeated instances of care administered for right ear hearing loss which has been awarded service connection by previous rating activity. On August 3, 1995, however, an attending medical officer noted symptoms consistent with right ear eustachian tube dysfunction and such as provisional diagnosis. The issue of eustachian tube dysfunction was likewise noted at the time of your separation examiniation cinducted July 31, 1995. The cited treatment reports from XXXXX XXXXXX hospital, considered in conjunction with previous rating action, verify that on November 14, 1997, you underwent an exploratory tympanotomy following complaints of vertigo. A postoperative diagnosis of probable Meniere's disease, right ear was assigned. Nonetheless, it is imperative to note that the records presently in our custody include no eveidence of more recent treatment or establishment of a current diagnosis. As of the date of this Rating Decision, you have failed to provide medical evidence showing that you currently have Meniere's disease due to military service. All available medical evidence has been reviewd and considered. However, in the absence of objective, medical documentation demonstrating the existence of a current disability incurred in or related to military service, cervice connection for Meniere's disease is denied. I have documentation from my current ENT noting that Meniere's disease more likely than not started during military service with the onset of my hearing loss. He put the medications I am on to combat the vertigo episodes. Also, when I had my hearing checked a little over a year and a half ago, the Dr. from QTC noted in my examination that my hearing loss was caused from my MOS (infantry) and Meniere's disease. Of course, Meniere's disease was not considered in that examiniation because it was only for my right ear hearing loss, not Meniere's. I had to file for that separately. Will this be sufficient for my NOD, or do I need more? I am doing exactly as the VA denial letter says need, I just hope it is enough. Thanks again!!!!