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Found 4 results

  1. Hey all I have been out of here for a while dealing with issues and am now in a wheelchair from leg surgery which just happens to coincide with my latest C&P results finally showing up. Before this latest I was at 100% plus few miscellaneous 10 and 0 %'s. The situation is complicated and I need to figure out my options in light of the changes between the legacy system, ramp and AMP (?). The first hurdle, is my original award in 2013 did not show evidence they evaluated my OSA even though it was documented, diagnosed in May 2013 and should have been in my medical records by the time they did the award. VAMC New Orleans claims to have "lost" those records but Tulane Hospital has provided them to me and I have notes in my record that I had one, that the records were annotated in my file (supposedly in my file) and that a CPAP was issued. I was never notified this was a compensable condition or that a C&P should be requested. I did not find this out until Aug 2018. There is also my tests done for Vertigo, including being waterboarded through the ear and having MRI's performed to find out if I had tumors causing the vertigo. VAMC New Orleans says they don't have these records but the same issue arises as with the OSA. I have the MRI, and my record has notes that the VNG was done. The award letter is silent on this issue. I have sent the VAMC FOIA requests on both issues multiple times and they don't even bother to answer me. When I call they just say there are no records and hang up on me. How can I reopen that original claim, and would it keep the original dates? To add complexity the original award denied me for hearing loss. The C&P examiner failed to look at my entire service record, instead she only looked at my first enlistment. I informed her of the Vertigo also but she made no mention of it in the report. On this particular issue, and the vertigo, the VA just rated me for 30% on vertigo and 0 for hearing loss. The dates for both were August 2108. At a minimum I want the hearing loss to be corrected back to the original date. It would also set up the argument for failing in their Duty to Assist and Notify on the Vertigo. I have my c-file and the notes and exams from external providers (sleep study and MRI). I believe this all constitutes New and Relevant (I guess that is the new term) Information. I just need to know how I process this under the new system? Is it a supplemental claim? will I get an EED? Other Factors: I will be filing a NOD on the recent 30% rating for Vertigo, the award letter has not yet arrived, it is over due, but the C&P doc was incompetent and my medical file shows that I am more in line with a rating of 60 or 100% for Meniures. I have VA treatment records recording my "drunk gait", nystagmus, and passing out from the vertigo. In 2013 time frame I would experience this 3 to 4 times a month in the worst months. Now it is 4 to 6 times a week, every time I roll over quickly or have any type of rapid head movement. So on the NOD, since it was for the August, 2018 claim, am I supposed to just file a typical NOD? can I ask for backdate (EED) based on the previous VNG and MRI from 2013 where they lost the records and failed to Notify or Assist me in filing a claim? My Vertigo has gone untreated and unassisted by the VA until 2018. It has grown significantly worse. This seems to constitute harm to me from their negligence. I want to note again in the decision about the August 2018 claim they did grant me SC for the hearing loss. Their error is clear and unmistakable. It is also tied to the Vertigo so the EED hearing would also seem to affect that; The VA does not send us for MRI's and VNG's (waterboarding) just for hearing loss, so they knew and started the process, they just dropped the ball in getting that info to the raters. Thanks for any help on the new processes.
  2. So today my Vertigo claim status on Ebenefits moved to Pending Approval with an estimated completion range of Dec 28, 2018-Jan 8, 2019. As always these statuses mean squat as they can change. What I am monitoring will be the effects on the timeliness of our monthly checks and if the status extends past the dates listed. The VA is funded but the Treasury isn't and it is the Treasury that processes our checks out through the ACH to our banks and also prints any physical checks. In one of our past shutdowns I had a few days delay in a payment not related to the VA. The only department (involved in my payment) that was affected by that shutdown was the Treasury. They literally did not have enough people left to "push the button" on each of the transfer batches in their queues when the shutdown occurred. The money was pushed out about 3 days late if I remember correctly. Based on what I know and feel about the existing vertigo claim and what is in my cfile for the last 5 years on the subject, i suspect I will either be flat out denied (and have to fight) or be rated as Meniere's disease and at a high percent. Since I am already 100% on a single isssue, 60% or higher on Vertigo would/should move me to SMC S and if that happens the issue about the timing of our checks becomes more interesting. Personally I won't suffer if our checks are delay a few months, but so many other veterans will be harmed that even contemplating a negative effect of a shutdown is just disgusting. Once again "hurry up and wait" has affected my life and I can do nothing but find patience.
  3. Hello, I've had positional vertigo problems in the past ever since a hand grenade exploded close to my position four years ago. One week ago I had an appointment at the V.A. and I noticed that the building was moving, I asked my case manager if she felt the movement of the building and she said no, I was about to exit the building when this happened. I drove home and woke up the next morning feeling like my house was moving but ignored it since I have had episodes of vertigo before. I got to the building where I volunteer at (voc rehab) and felt the same way so I figured that it was positional vertigo kicking in for sure, for one week straight I've felt this way and is not going away. I went to the E.R. at the V.A. and I was prescribed meclizine and it is not working. The doctor told me it might be a viral infection and I do not know what to say or do other than taking the meds because I feel so weak and confused while I'm at home this is so annoying that I cannot take it anymore. The tinnitus in my ears became stronger and sometimes I hear drums beating inside my right ear. I like to have a few beers especially when others buy it to be honest, family members brought a few bottles of wine and beers for the holidays and I haven't had a sip of it due to my dizziness, that's how bad it its. Has anyone had this before?? I would like to put this to an end and if I'm gonna be like this for the rest of my life I'll put it in my claim, like I said I've had this feeling before, but not so many days in a row and with this intensity, any inputs thanks tiredmRONW0331
  4. I had a CP for my vertigo secondary to my migraines. The neuro was awful but well that is another drama to fight. She did state that I had symptoms that could be attributed to Menieres or another vestibular disorder. Later in the notes, there is mention of a DBQ from an ENT. Does this mean that they are going to send me to an ENT for further exam, it is not really clear to me honestly.
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