Just Looking For A Second Opinion/set Of Eyes

[HvyGns38]

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 December 6, 2010 by HvyGns38

[Berta]

Good, by all means get this to them-

do you have a vet rep who also might suggest the reconsideration request?

Still you have to watch the NOD year deadline in case they dont act on the reconsideration request within that year.

"The only thing that bothers me is that they completely ignored the findings from their own QTC Dr"

They did?

That is outrageous! I read this too fast this AM and didn't pick up on that!

I personally would ask them to CUE themselves on this one----and file for reconsideration too.

Carlie's q

[Berta]

Gee the weather is affecting my access here-

Carlie asked an important question -when did you receive this decision?

[HvyGns38]

Gee the weather is affecting my access here-

Carlie asked an important question -when did you receive this decision?

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

[carlie]

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!!

Hvy,

I personally would more likely than not have filed a request for reconsideration

and submitted the additional medical evidence with it.

I would have written REQUEST FOR RECONSIDERATION in large letters,

highlighted over it and also put THIS IS NOT A NOD, for total clarification.

Also, I would have kept in mind that my NOD clock was running.

[HvyGns38]

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.

[carlie]

Also, we all need to keep in mind that when doing a R for R, we need to

feel quite confident that when the additional evidence is considered, it is

clear and strong enough to support a grant for SC or increase, which ever your goal is.

It can't just be something cumulative and simply stated by another doc, it's going

to need to have some real meat to add to the bone.

JMHO