tinnitus Statement In Support Of Claim

[HvyGns38]

This is my statement in support of claim that I am sending to the VA along with the letter from my Dr. stating that "After careful review of Mr. XXXXXX service treatment records, it appears that Mr. XXXXX has long standing Meniere's disease that in all likelihood began while he was in the military in the early 1990's."

What does everyone think? Do I have most of my bases covered? Remember from my previous posts, the VA denied me on the grounds of no current medical diagnosis.

Thanks for your time!!!!

This statement, in support of claim is made as a follow up to my Notice of Disagreement that was received by VARO Roanoke 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. On August 3, 1995 an attending physician noted symptoms consistent with right ear eustachian tube dysfunction and it was likewise noted during my separation exam on July 31, 1995. It is imperative to note, however, that these were brief exams with only hearing tests and a brief look inside the ear canal. These test were not thorough enough to detect Meniere's disease.

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 which upon further research was negative. Following the surgery I was diagnosed with Meniere's disease by the Otolaryngology surgeon. The attending Doctor explained to me that there was no cure for this disease and it was something I would have to live with for the rest of my life.

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." In the decision process, this may have been overlooked.

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. He performed an MRI to check for any acoustical tumors, which was negative. Please see attached doctor notes.

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

[carlie]

This is my statement in support of claim that I am sending to the VA along with the letter from my Dr. stating that

"After careful review of Mr. XXXXXX service treatment records, it appears that Mr. XXXXX has long standing Meniere's disease that in all likelihood began while he was in the military in the early 1990's."

Hvy,

What is the exact pedigree of this doctor ?

It would have been in your best interest if this doctor related to anything found while they reviewed your

STR's that related to Meniere's or an ENT problem, such as:

In review of the veterans STR's, evidence of XXX dated XX/XX/XXXX and XX/XX/XXXX, show diagnosis / treatment for XXX.

It is my medical opinion that the current diagnosis of Meniere's is directly related to the STR evidence shown above.

In my opinion, the part that says "that in all likelihood" is not sufficient especially if it is not supported

with full medical rationale.

[HvyGns38]

Hvy,

What is the exact pedigree of this doctor ?

It would have been in your best interest if this doctor related to anything found while they reviewed your

STR's that related to Meniere's or an ENT problem, such as:

In review of the veterans STR's, evidence of XXX dated XX/XX/XXXX and XX/XX/XXXX, show diagnosis / treatment for XXX.

It is my medical opinion that the current diagnosis of Meniere's is directly related to the STR evidence shown above.

In my opinion, the part that says "that in all likelihood" is not sufficient especially if it is not supported

with full medical rationale.

Hi Carlie,

The Dr. is an Otolaryngologist. The letter from the Dr. goes into more detail, i just did not want to post it all here. The letter basically goes into an MRI to rule out a tumor, vertigo, hearing loss and tinnitus etc during his multiple exams.

He did give dates, but they were not in the same paragraph as the "review" of my SMR's.

Thanks for the reply.

[john999]

I agree with Carlie that the statement "In all likelihood" may be viewed by the VA as speculation. They have their special language they like to use.

[carlie]

Hi Carlie,

The Dr. is an Otolaryngologist. The letter from the Dr. goes into more detail, i just did not want to post it all here. The letter basically goes into an MRI to rule out a tumor, vertigo, hearing loss and tinnitus etc during his multiple exams.

He did give dates, but they were not in the same paragraph as the "review" of my SMR's.

Hvy,

Otolaryngologist = ENT so they have the right pedigree.

If you want opinions it's important to always post, all the details.

[71M10]

I would think if the VA C&P doctor stated in his exam that you had Menieres disease in service you should be good to go. It may verywell be that the rater was working a claim for "hearing loss".

You could have a US army issues forceps in your chest from a botched military operation that they discover during a C&P, but if they were working a claim for flat feet they won't tell you about the forceps, they won't consider getting them out of you and they certainly wouldn't rate you for the damage they had done. I would venture to say they would accuse you of going to a military surplus store, buying a surplus instrument and having a buddy cut you open and stick them in there.

I am currently fighting them on Urinary frequency issue. I have 7 disks playing freeze tag with my spinal cord, cardiomegaly, hypertension and I am on high doses of diuretics...but the VA says my increased urinary frequency is not a result of any of my service connected disablilities or treatment for those disabilities. I AM ON A FREAKING DIURETIC they are prescribing......but it is not realted to my medical treatment. Only the VA could give you a pill to make you piss all the time then say they didn't cause it or it isn't a result of your condition.

Good luck Guns I know you will eventually prevail with the additional doctors statement. I would see if you could get the doc to say "Has Menieres disease ....and more likely that not he had it while on active duty in 19XX".

Best regards,

Tyler

[HvyGns38]

Hvy,

Otolaryngologist = ENT so they have the right pedigree.

If you want opinions it's important to always post, all the details.

Carlie,

Good point. I posted kind of fast and was not thinking about the details and just assumed.

John,

I understand the VA language, but that is what the Dr. wrote. He reviewed my SMR and came to the conlusion that in all "likelihood" it began in the military. Hopefully, the VA will give me the benefit of the doubt.

So, I guess I should assume that this may not get very far with the VA.