tinnitus Never Received Ssoc, Do I File Cue?

[keyystone]

I have been going back and forth, including several reopens and such, with the VA since 2005 regarding a claim associated with Menieres.

In 2008, I received a note that It was denied because I did not have an official diagnosis (although the symptoms: Hearing Loss, Tinnitus and Vertigo show continuously all the way back to my time in service. I spoke with my doctor at the VA and they noted that it was listed as a working diagnosis going all the way back to 2007.

I requested to reopen the claim and received a notice saying there was no new and material evidence siting that the diagnosis was in fact listed on my records. I missed my deadline to respond by NOD due to a bit of moving and a new job in a new state (moved from Florida to Texas). I received a response that there was no NEW and MATERIAL evidence.

I had to wait a bit until I could get another ENT apt where the VA doctor stated specifically that "it is my opinion that it is at least as likely as not that Menieres Syndrome was aggravated by military service" he also stated that the cause cannot be clearly identified - my understanding is that at least as likely as not goes to the vet unless there is some evidence to the contrary. the rep from American Legion stated that "at least as likely as not" shows less than 50% likelihood.

I received a notice that it was denied (again due to lack of diagnosis?) last February, and responded with an NOD and this time I specifically highlighted my records both in service and out to show specifically issues where I had to deal with this issue. I specifically stated that I wanted to appeal there decision at the RO and I would be available when they are (I was unaware of the SSOC bit).

I was told by my rep that the backlog could take over a year. A few months later, I call the VA and they say that it is closed and final and that an SSOC had been sent. after explaining that I never received one, they said it would be sent and to just wait.

a few weeks later (late July of this year) I received a letter saying that an SSOC had been sent to me and to my rep. I call and email the rep and a month later I am still waiting for his response, So of course I call the VA again and they say there is an ssoc it is odd because there is no cover page or letterhead on the scanned document.

Sorry about the long spiel, but I am now at a lost, what do I do next?

[keyystone]

Well finally after.... ummm, I forgot how many years, I was awarded 40% and then 100% service connection. However, instead of going back to the original claim date (or any one of several appeals and RAMP claims, without a break I might add), it was rolled back to the date the VA opened their own cue, a little less than 1 month before the decision date. Not sure if I should request an earlier effective date, a little gun shy of the P&T rating.

[Guest]

41 minutes ago, keyystone said:

Well finally after.... ummm, I forgot how many years, I was awarded 40% and then 100% service connection. However, instead of going back to the original claim date (or any one of several appeals and RAMP claims, without a break I might add), it was rolled back to the date the VA opened their own cue, a little less than 1 month before the decision date. Not sure if I should request an earlier effective date, a little gun shy of the P&T rating.

Once after you start receiving benefits, it not likely VA would try to take your P & T away unless VA can prove fraud.

Congratulations!

 

[Berta]

"it is my opinion that it is at least as likely as not that Menieres Syndrome was aggravated by military service"

The doc is suggesting that you had the Meniere's prior to enlistment.....did you?

Maybe I am interpreting that part wrong. Others will chime in on that.

however

you said:

“the rep from American Legion stated that "at least as likely as not" shows less than 50% likelihood.”

SAY What?????

“At least as likely as not” means 50 %for, and 50% against and so this is when the the Benefit of Doubt should kick in.

Geez where do these reps come from?

This really concerns me;

“ I received a letter saying that an SSOC had been sent to me and to my rep. “

The response time to that SSOC might have already slipped away.

He should have a copy of it to send to you.

Personally I wouldn't deal with him again...try to get in touch with his boss instead.

How many vets has he already discouraged by saying 'at least as likely as not' is "less than 50% likelihood?"

[keyystone]

I did not have any issues when I joined. In fact, I am service connected for hearing and tinnitus.

[keyystone]

Actually, I am planning on switching to Texas Veterans Commission. A friend said they are really helpful. Had DAV in Florida. Not sure how it got switched

[keyystone]

Pulled up the record, the exact words, from the VA ENT Doctor, were as follows, "Note: It is unclear when this patient's Meniere's disease started. It is at least as likely as not that it started during the time in service, although that cannot be stated definitively."