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tinnitus Balance Problems - Meniere’S Disease Or Lumbar Spine Trauma
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Question
BasehorVet
I am thinking about filing for Meniere's disease and would like some feedback.
Long story short; sent to MEB in 84 for chronic low back pain and they found slight high frequency hearing loss, noted on my MEB exam. IPEB found me fit for back problems, appealed to the FEB, found unfit rated back at 10% lumbar facet syndrome with pain and Rt. ear hearing loss at 0% VA Code 6297. Non-concurred with FPEB appealed to Secretary of AF and asked for additional testing. Secretary of AF agreed with FPEB and discharged me 3 weeks later. By law they could not hold me over for an upgrade of disability rating, so I served 1 week short of my enlistment, 3 years 11 months 23 days.
Prior to discharge, I had my DD214 sent to the VA from the Air Force and I applied for VA benefits for back disability and hearing loss. I was denied 3 months after discharge. Ebenefits states that "You were previously denied service connection for hearing loss. You were notified of the decision on 07/29/85. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because service records are negative for any findings regarding hearing loss. Therefore, the evidence you submit must be new and relate to this fact. The actual denial letter from 85 reads that "We do not find in your medical records or elsewhere any evidence of the existence of a hearing loss."
The original service connection VA C&P from 85 states Pos C/O high pitch hearing loss and Rt. ear 7 m scars present and perforation. Hearing loss 4000 = 20, 6000 = 30 8000 = 25 all for the left ear. Pay attention because I went to that examination with a statutory mandated benefit entitlement to hearing loss rt. ear (FPEB Determination, SAF Appeal) but left the examination with not even a 0% rating for hearing loss in either ear.
Fast forward to VA Claim 2009 Decision - SC for bi-lateral tinnitus 10% effective 2009 granted, SC for Lt Ear hearing loss granted 0% effective 2009. SC for Rt. ear hearing loss remains denied.
The decision in part reads "Service connection for Lt. Ear hearing loss is granted because you have confirmed hearing loss based on VA examination showing a relationship between Lt. Ear hearing loss and service. And a review of your VA treatment records shows that in June of 2009, you reported ear discharge and decreased bilateral hearing. In July 2009, otoscopic examination revealed scarring on the tympanic membrane bilaterally with retraction pockets on the Rt. side.
The decision also states "Opined that any hearing loss in hearing of Rt. ear is not caused by or a result of military service since your mild hearing loss at 6000 Hz upon entrance to military service and upon your MEB improved and was within normal limits at VA examination in 85.
I brought to her a copy of my MEB showing the Rt. ear hearing loss and it states that "Hearing loss, mild, 4000hz AD; medical records unavailable for comparison" she took this to be my entrance exam.
Fast forward 2-2011, C&P examination, asked for a reconsideration of back disability and hearing in 10-2010. Rt. ear hearing loss is not caused by or a result of military service. Rationale, hearing sensitivity was within normal limits between 250-8000 Hz at his C&P exam in 85. OTHER COMMENTS - The veterans contention about disability for Rt. ear hearing loss is his 1984 MEB examination revealed his Rt. ear had a high frequency hearing loss (with his left ear within normal limits). His C&P examination in 1985 revealed his Lt. Ear had a high frequency hearing loss and Rt. ear was within normal limits, which was almost the identical to the 1984 results EXCEPT that the ear results were switched. Because his left ear is poorer, it is this examiners opinion that at his 1984 MEB evaluation either the headsets were put on backwards or the results were inadvertently recorded incorrectly because the results are almost IDENTICAL (the 1984 and 1985 hearing tests), only reversed between the ears. The evidence shows that he had hearing within normal limits in the Rt. ear in 1985 after his military service. Because of this Rt. ear hearing loss could not occurred in the service.
Fast forward 5-2011 VARO took claim out of decision phase after 45 days and put it back into development and scheduled me a C&P exam for hearing. Got a copy of the C&P results and now waiting on c-file to get back to VARO and go back into decision phase.
COMMENTS ON RECORDS; VARO request for current severity. Today's C&P examination revealed test/retest of C&P examination completed on 12-2009. The veteran is currently rated at 0% for hearing loss and 10% for tinnitus.
Medical history is there a current complaint of tinnitus? Yes. Date and onset of tinnitus onset; after exposure to aircraft noise. Is tinnitus constant, yes. (I was a crew chief on a C141 and stood ground 40 feet from the nose of the aircraft, tethered by a crew headset to the cockpit by a cord while engines were tested at take off required thrust, strange feeling to have the sonic blast shake your body and rattle your teeth for 10-15 minutes at a time.)
Tests: Otoscopic examination revealed excessive scarring on the Rt. tympanic membrane. Responses indicate a mild to moderately severe sensorineural hearing loss between 4000-8000 in the Rt. ear with a mild to severe sensorineural hearing loss between 4000-8000 in the Lt. Ear. A pure tone Stenger test at 8000 was negative. Tempanometry revealed excessive compliance bilaterally.
Is hearing loss present? Yes.
Diagnosis - Bilateral high frequency sensorineural hearing loss with veteran report of constant bilateral tinnitus.
Is tinnitus as likely as not a symptom associated with hearing loss? Yes.
Due to my past experience with the VA I am cautious about the this last statement, I believe they are saying I have SC tinnitus and SC bilateral hearing loss but hoping it is not someone trying to take away the 10% that I have now for tinnitus.
I called my PCP today and asked for a referral to ENT to check if balance problems are associated with possible Meniere's disease. Over the last few years I have had a problem with mobility that is getting worse. I thought that this was related to the back disability that I have also been fighting since 85 to have service connected.
There has been a lot frustration because it seems that the VA does not think that the problems I am having with my back are associated with the problems I'm having with my balance. My lumbar back MRI (2010) showed spondylosis of the entire lumbar spine, 3 bulging discs, disc dissection, degenerative facet disease, herniated disc L5-S1 with nucleolus pulpous bilaterally, the neuro surgeon stated in an earlier record that I had profound muscle atrophy of my lumbar spinal muscles. My last appointment with my PCP (March 2011) he states that "Neruo: knee jerks 2+ bilat otherwise hard to elicit (earlier 2010 EMG states Rt. ankle jerk absent), gait is broad based, can't walk on toes, or do tandem walking. PCP did a fall risk assessment and I scored a 75, I think the base for risk of a fall is 55 or higher. My legs went out recently and I was cooking so now I have a burner sized scar on the bottom of my left forearm (stated in the PCP report). I walk with a walking crutch and am constantly banging my elbow into door frames, now I have been diagnosed with tennis elbow and shoulder impingement and they gave me a shot in my shoulder joint and elbow joint that brought temporary relief.
I have an issue with balance every day, I don't feel like the room is spinning but I do feel like it is my body that is spinning and I have to reset my balance or fall. I read recently that this is a form of vertigo, anyone ever heard of this? I do take 3 VA prescribed oxycontin a day for pain and I have a VA diagnosis of chronic low back pain and MDD due to uncontrollable pain.
Last November I passed along to the VA a new document from my service department that was in the form of a Memorandum for AFBCMR dated 9 August 2010, I had asked that my dd214 be changed from the separation code JFL to JFL1 because the VA keeps denying me for compensation for the permanent disability that happened in the Line of Duty and for which I was medically separated. They state the facts as I did above in regard to the FPEB and appeal to the Secretary of the Air Force and then go onto to say; Discussion: Member is wishing to receive benefits from the Veterans Administration. Member's DD214 form correctly reflects that member was discharged by reason of a physical disability and entitled to severance pay. JFL is the correct separation code for a person who was approved for a medical separation with severance pay. It then goes on to state that they are recommending that denial of my request to change my dd214 because the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation by the Air Force.
In May 2011 I received a record of proceedings from the AF Board for correction of military records. The board concluded that the application was not timely filed; however, it is in the interest of justice to excuse the failure to timely apply. The Board met and concluded that insufficient evidence was presented to demonstrate an error or injustice was committed by the Air Force at the time of my medical separation and that they would not change my separation code.
I am hoping that the letter from the Air Force can overcome the VA statement that my records showed no evidence of a back disability or hearing loss that was incurred or aggravated during military service.
Sorry for the long rant but it has been 26 years since my discharge and I am tired and I needed to get this out.
Does anyone have any suggestions or ideas?
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