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]

As to employment impact. Currently, I am on some meds and a very low sodium diet which reduces the impact of my attacks. Also, I am an engineer and happen to have an employer who is very understanding about last minute lost time. That being said, I have roughly one attack per month ish.

[keyystone]

He did state that he feels the menieres was associated with the hearing loss and thus felt it started the latter part of 92 when the hearing loss started to manifest. I am not sure that he wrote specifically that he looked at my medical records.

[keyystone]

By the way, I really do appreciate your help you guys.

[keyystone]

His exact statement (I just found the email he sent me) was as follows: "On the statement “at least likely as not” that is a less than 50/50/ chance so VA does deny those…a statement of “more likely than not” would give a greater than 50% likelihood and have a good shot for approval by the VA."

[carlie]

His exact statement (I just found the email he sent me) was as follows: "On the statement “at least likely as not” that is a less than 50/50/ chance so VA does deny those…a statement of “more likely than not” would give a greater than 50% likelihood and have a good shot for approval by the VA."

At least as likely as not related to military - is 50 / 50 - tie goes to the claimant.

More likely than not related to the military - is even better.

[keyystone]

OK, so here is the curious question and the reason I listed CUE in the header. If a determination is made against the claimant, based on the statement i sited above from the VA Doc, should I have received some statement from VA stating why they diosregarded the Doctors statement above? I am not aware of any medical evidence (none of the notes in my file state anything that would suggest onset before or after my service) which would go against me, and they still have not sent me for a C&P appointment. Is the fact that they obviously ruled against me after having a doctors statement which shows (albeit rough) that there is at least as likely as not evidence.

Also, I think I understand now why the Dr. wrote in such indefinite wording. The underlying cause of Meniere's disease has yet to be confirmed, while there is a lot of speculation. Essentially he says, as I read it, that he cannot determine what caused it, only that there is at least a 50/50 chance that it was caused by military service. Considering my hearing loss and tinnitus are also rated SC (which were shown as related to noise exposure), it seems to make sense. Mind you, I am obviously a bit biased, but I am willing to listen.