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Just Looking For A Second Opinion/set Of Eyes


HvyGns38
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Question

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!!!!

Edited by HvyGns38
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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.

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 examiniation 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!!!!

Hvy,

What is the date of this Rating Decision ?

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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!!

Edited by HvyGns38
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  • HadIt.com Elder

Have you been on antivert for the vertigo since 1997?

There are a few other members on this board with the same illness

and I am sorry to say, I have yet to hear of anyone free of it.

I have had it now for 15 years, can't walk a straight line, and will always be that way.

Mine is not service connected as mine happened much later in life due to a sinus infection.

What the VA doesn't seem to know once you have it you always have it.

If there is anyone out there that has freed themselves of this conditon, please let me know your secret.

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"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 examiniation 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."

It looks to me like they comletely ignored the IMO.Did they list it as Evidence and did they mention it at all?

If not I suggest you file for reconsideration with another copy of the IMO.

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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. :angry:

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Have you been on antivert for the vertigo since 1997?

There are a few other members on this board with the same illness

and I am sorry to say, I have yet to hear of anyone free of it.

I have had it now for 15 years, can't walk a straight line, and will always be that way.

Mine is not service connected as mine happened much later in life due to a sinus infection.

What the VA doesn't seem to know once you have it you always have it.

If there is anyone out there that has freed themselves of this conditon, please let me know your secret.

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!!

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