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Just Looking For A Second Opinion/set Of Eyes
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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 by HvyGns38Link to comment
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