tinnitus Will This Statement Suffice

[HvyGns38]

Will the following statement in support of claim suffice for a NOD/Denovo review? Do I need to add anything?

This statement in support of claim is made as a follow up to my Notice of Disagreement that was received by VARO XXXXXX on November 8th 2010.

On April 13, 2010 I received a decision letter denying my claim for Meniere's Disease. The VA is in custody of my service medical records which show repeated instances of care for my right ear hearing loss while in the military. During my military service in the early 1990's, I had periodic episodes of vertigo along with the hearing loss and tinnitus. In 1997, after the vertigo episodes had gotten so frequent and severe, I underwent exploratory right ear surgery. Initially, the attending doctor made a pre-surgical diagnosis of perilymph fistula. The pre-surgical diagnosis of perilymph fistula was negative and following the surgery I was diagnosed with Meniere's disease. At the time the doctor noted to me that there was no cure for this disease and it was something that I had to live with.

In a VA decision letter received on July 28, 2009 for right ear hearing loss it was noted by the VA examiner that "It is at least likely as not that the veteran's hearing loss and tinnitus are related to noise exposure as a Rifleman and Infantry Unit Leader and Meniere's Disease during his military service."

At the present time my vertigo has become serious enough that it is causing me to miss a substantial amount of work. Because of this, I started seeing a new Otolaryngologist who has also diagnosed me with Meniere's disease. Please see attached doctor notes.

I request a De Novo review, a review by a Decision Review Officer at the Regional Office level.

[Berta]

I think this could be a request for reconsideration in lieu of a NOD at this time-which could bring you a better decision possibly faster than a NOD. Reconsideration requests however do not stop the NOD clock.

Others will give their opinions on that too.

Was the surgery done in the Mil?

"It is at least likely as not that the veteran's hearing loss and tinnitus are related to noise exposure as a Rifleman and Infantry Unit Leader and Meniere's Disease during his military service."

This is a convoluted statement.Still it seems to suggest that the hearing loss and tinnitus are "related to your Meniere's disease in service.Or vice versa.

Either way I think the VA messed up this decision.

Do you have the actual C & P results?

I challenged many negative decisions by getting actual C & P results that revealed the VA had left out the good parts or manipulated the C & P findings.

Do you have a vet rep?

[HvyGns38]

I think this could be a request for reconsideration in lieu of a NOD at this time-which could bring you a better decision possibly faster than a NOD. Reconsideration requests however do not stop the NOD clock.

Others will give their opinions on that too.

Was the surgery done in the Mil?

"It is at least likely as not that the veteran's hearing loss and tinnitus are related to noise exposure as a Rifleman and Infantry Unit Leader and Meniere's Disease during his military service."

This is a convoluted statement.Still it seems to suggest that the hearing loss and tinnitus are "related to your Meniere's disease in service.Or vice versa.

Either way I think the VA messed up this decision.

Do you have the actual C & P results?

I challenged many negative decisions by getting actual C & P results that revealed the VA had left out the good parts or manipulated the C & P findings.

Do you have a vet rep?

Thanks for the reply, Berta. The surgery was done two years after I got out of the military, but the hearing loss and tinnitus was present while in service. I found out about the request for reconsideration after I filed the NOD. However, in the NOD I asked for a review by a new decision officer. Plus, my clock was running out for the NOD. I do not have the actual c&p results, just the letter from my hearing exam explaining about my hearing loss. I have not had a c&p for my meniere's disease because the denied my SC. I refiled for meniere's disease in a separate claim. . .which they denied. At this time I do not have a vet rep because their mailbox is full...every last one that I have called.

Do you think this statement will do for my statement in support?

[fanaticbooks]

HvyGns,

I have just come into this so don't know what you have done before, so let me just mention some stuff and you use what you want of it or not at all.

When my hubby didn't get the percentage we felt was due from his documentation, I decided to do something..

I got a copy of the C-File, all Medical Documents. In your case that would also be all military and military medical documents.

I then took the decision letter that was sent to hubby listing the reasons for this that and the other.

For each decision I proceeded to point out everything to prove his case.

I would suggest you do the same.

Get a copy of your C-FIle and then

Take each decision individually as a heading.

Explain your disagreement

List your military documentation by date and doctor or incident

Point out any discrepancies in the C&Ps if you had C&Ps

List your doctors and dates for treatment through your life

List medicines and any side effects

Be sure to bring up any errors that were made by the VA examiners, medical or not, pointing out anything that was missed.

List training letters that might help if a procedure were missed.

Filing a NOD you have already started the process. You can just request a DRO de novo review. BUT by pointing out ALL proofs and refuting where necessary, you offer the person the ability to look UP information not HUNT for information.

It sounds as if you have a lot of documentation. That is a lot of stuff for someone to go through. By going through it yourself, you can point out this stuff to them.

All this is better explained on my website, but that is the brief version. Use my website to research, organize and assemble the report if you want. It's there to help.

VA Claims Information

fanaticbooks

[HvyGns38]

HvyGns,

I have just come into this so don't know what you have done before, so let me just mention some stuff and you use what you want of it or not at all.

When my hubby didn't get the percentage we felt was due from his documentation, I decided to do something..

I got a copy of the C-File, all Medical Documents. In your case that would also be all military and military medical documents.

I then took the decision letter that was sent to hubby listing the reasons for this that and the other.

For each decision I proceeded to point out everything to prove his case.

I would suggest you do the same.

Get a copy of your C-FIle and then

Take each decision individually as a heading.

Explain your disagreement

List your military documentation by date and doctor or incident

Point out any discrepancies in the C&Ps if you had C&Ps

List your doctors and dates for treatment through your life

List medicines and any side effects

Be sure to bring up any errors that were made by the VA examiners, medical or not, pointing out anything that was missed.

List training letters that might help if a procedure were missed.

Filing a NOD you have already started the process. You can just request a DRO de novo review. BUT by pointing out ALL proofs and refuting where necessary, you offer the person the ability to look UP information not HUNT for information.

It sounds as if you have a lot of documentation. That is a lot of stuff for someone to go through. By going through it yourself, you can point out this stuff to them.

All this is better explained on my website, but that is the brief version. Use my website to research, organize and assemble the report if you want. It's there to help.

VA Claims Information

fanaticbooks

Thank you for the information. According to the VA denial letter, they indicate the only reason they denied my claim was due to lack of current diagnosis or recent treatment records. I have a current letter from IMO stating my current diagnosis and that he believes it started with my hearing loss which was in the military.

[fanaticbooks]

Thank you for the information. According to the VA denial letter, they indicate the only reason they denied my claim was due to lack of current diagnosis or recent treatment records. I have a current letter from IMO stating my current diagnosis and that he believes it started with my hearing loss which was in the military.

Something doesn't sound right.

Current diagnosis? What about your continuing medical documents? Or where is a C&P to get a current diagnosis?

Lack of recent treatment records? Same questions.

Have you checked your C-File? Just how current are the records in that?

If they haven't gathered the latest documents, you might want to gather them yourself and send them in, in addition to the IMO from the doctor.

Sometimes records don't get sent by doctors or just fail to arrive in the C-file.

I would definitely check that the VA has all your records....

And again, this is where it might pay to point out all the documentation that is current including recent treatments.

By putting the dates, doctors, treatments in writing, you KNOW that that information will not be overlooked.

Just my thoughts. I wish you good journey.

fanaticbooks

[HvyGns38]

Something doesn't sound right.

Current diagnosis? What about your continuing medical documents? Or where is a C&P to get a current diagnosis?

Lack of recent treatment records? Same questions.

Have you checked your C-File? Just how current are the records in that?

If they haven't gathered the latest documents, you might want to gather them yourself and send them in, in addition to the IMO from the doctor.

Sometimes records don't get sent by doctors or just fail to arrive in the C-file.

I would definitely check that the VA has all your records....

And again, this is where it might pay to point out all the documentation that is current including recent treatments.

By putting the dates, doctors, treatments in writing, you KNOW that that information will not be overlooked.

Just my thoughts. I wish you good journey.

fanaticbooks

I think that is the problem because the most recent medical care I have for it dates back to 1997 when I had surgery on my ear. I just lived with the disease since then because the surgeon at the time said that there was no cure and that it was something I have to live with. However, for the past two years I have been getting treatment for it which basically consists of a diuretic and medicine for vertigo which does not work. My new Dr. said this is the best treatment.

What really does not sound right is there own VA examiner stated that I had this disease and it began when I was in the military and that was in 2009. They completely ignored that.

Anyway, how does my statement below look for my support letter?

Thanks again for your help!!

[john999]

HVY

I would ask for a DRO Hearing not just a review.

[fanaticbooks]

HvyGns,

I wish to qualify my comments here. I am a secretary with no ties to the VA or its routine. The only experience I have had with the VA is when my hubby filed. What information I have learned is from that experience and on veteran websites.

In my opinion...

Your letter does request your DRO de novo review so that should put it into the works.

As to your paragraphs about why, again that should get your DRO review.

Do the words do anything else to prove your claim? Who knows. It all depends on what is in the C-file.

Will the VA work hard during the review? I hope so, but, again, that is leaving all the work up to the VA and they could be swamped.

I could be the wrong person to ask HvyGns. I created a website on the basis of what I did for my hubby for VA and SSD. I am a person who dots every i even when the ayes have it. lol

With the VA working so many claims, I feel that the more detail oriented a veteran does to prove points, the better off the veteran is.

fanaticbooks