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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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HvyGns38

Just Looking For A Second Opinion/set Of Eyes

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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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.

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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

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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!!

I honestly don't know how you work at a job.

Do as Berta and Carlie have told you to do as they really know the rules and regulations.

Always,

Betty

Edited by Josephine

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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

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.

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I am 100% meniere's. I fought the same battle you are fighting. My claim also should have been granted on my original claim. I was sent for a c&p, performed by a Nurse practitioner who decided I had the disease as bad as it gets. Her opinion outweighed all the specialist who had diagnosed my condition and service connection.

I had gone to an Audiologist with all my smc's and she wrote an IMO service connecting the meniere's. This piece of evidence was not mentioned in the ros denial. I ended up appealing to the BVA. Believe it or not it was this IMO that the Judge awarded me service connection, and it was sent back to the RO and they had to rate me with the evidence they had,which was a hundred percent. I THINK THIS WHAT WAS MEANT BY SOME REAL MEAT ON THE BONE. Those folks at the RO don't like to admit they were wrong, and once they make a decision they don't like to change it.

At this point I would drive directly to the RO and talk to my representative taking all of my documentation with me and see if he could get my NOD reversed and request a reconsideration. I know this is a little unorthodox but it is exactly what I did. For whatever reason the VA does not like to award Meniere's Disease.

PS. Josephine, it has been a long time since I have talked to you and we both know each others conditions so I want to pass on something that seems to have helped me. I was at the point I could no longer walk without the aide of my wife or canes so my ENT decided to try something new. He inserted a tube into my affected ear and injected one of the mycin drugs directly into it once a week for six weeks. This helped to the point that I could walk by myself again so he decided to do a second series. I am happy to say that I can now walk by myself. I still stagger and still stay dizzy and sick but am self sufficient again. You might want to talk to your ENT.

Hope this helps, Jim 501st

Edited by Jim 501st

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