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?

[free_spirit_etc]

"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." "

I don't like the wording he used here. At least as likely as not is by its very nature kind of non-definitive. But to tag it on after a "at least as likely than not" makes it sound like he isn't even sure if it is at least as likely than not.

If he said something like "It is unclear when this patient's Meniere's disease started, and thus I cannot state definitively that it started in service. However, it is my medical opinion that it is at least as likely as not that the patient's disease started in service" - and then gave a medical rational as to why - that would be much stronger.

I guess what I am saying is that if he said he couldn't state definitively exactly when it started, but that it was at least as likely than not (and gave a reason for the opinion) - that could be pretty good.

But when he says it is unclear, then says it is at least as likely than not, and then tags on the definitive part - it makes it sound like he can't even be sure if it is at least as likely than not.

To me, that puts the opinion in the realm of the ones that say may, possibly, it is plausible, etc.

Of course, the rationale he used, if supportive, might help the opinion be a bit more sure and supportive.

[free_spirit_etc]

"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."

I am not sure this would rise to the level of a CUE because it seems like his opinion was pretty weak. Much would depend on what they said in the SSOC and how they said it.

But it does seem like they should have scheduled you for a C&P exam....

But I can't state that definitively ;) And there are many people here on hadit who know much more than I do.

But I am sending you positive thoughts for much luck on your claim.

Edited September 17, 2013 by free_spirit_etc

[keyystone]

Lol thanks

[Berta]

Keyystone, I asked the MOS question but then again the HL is already SCed so the MOS isn't the issue.....I didnt need to ask

Then again glad I did ....

my daughter was a Vietnamese Linquist, 7 years, USAF Intel, so I can sure appreciate how difficult this type of MOS is..

I suggest that you file a complaint under the VA IRIS System:

http://www.va.gov/

Click on the Contact us button and they will direct you to the Iris site.

I suggested filing as a complaint (they have a pop down menu for complaints) instead of a status because you didnt receive the SSOC and therefore could not respond to it in time nor see whether they used the proper evidence.

On the IRIS I also suggest you tell them that your POA has not been able to send you the SSOC so the POA probably didn't get it either.

Confirm your mailing address (maybe the request asks for that anyhow )but confirm it in the inquiry

and ask for a email response and a copy of the SSOC via either email attachment or via snail mail.

This really is disturbing to me.

There might have been an evidentary CUE right in the SSOC.

But you and us here need to see the exact wording of that decision.

If you tell me the name of your RO I might have some phone and fax numbers for them.You could fax the RO a copy of the IRIS inquiry complaint and that might get results.

I suggest preparing the inquery in your OffOrg or Word program first so that it covers all you want to say.Then copy and paste it into the Iris Inquiry section.

If this happened to me ( I am a hardcore civilian claimant who had to fight many VA battles and learned that getting tough does get thumbs out of butts) I would be dropping a dime on the POA in a heartbeat because they are not fulfilling their charter with Congress.

If the POA got a copy of the SSOC, why didnt they send it to you, knowing you didnt get it, so how could you possible exercise your rights to respond to it or even properly appeal it ?

[keyystone]

Berta,

Thanks for the info. Did your daughter also go to DLI? While I was there, Vietnamese was also trained in the same building as us, the Asian School (which was more appropriately called the korean school as the ratio was insane). How long ago was she in? in the early 90s we were still using crap headphones and old cassette tape re-recordings which had tons of static. if you ever listen to a cassette tape which has been recorded over 50 times it sounds really wierd. Unfortunately it trashed my ears.

I am glad you asked also, I miss those days, and it is not easy to translate (pardon the pun) to the layman the kind of work I did.

[keyystone]

I did file a complaint through the phone system, and they sent me a letter stating that it was sent in September. Went into the VARO yesterday, and they said that there is a statement saying it was sent, but they cannot pull up a copy (which apparently they should be able to).

You stated "Click on the Contact us button and they will direct you to the Iris site." However, when I look on the site you posted, Clicking on the Contact us button only gave me numbers, no reference to IRIS.

I spoke with the POA and he said he doesnt have it, and is going to check with a warehouse where it could have been sent.

I did confirm the address via all four (POA, VA Phone System, VA Hospital and the VARO)

Funny thing is I have one of my old C-Files (2004) and may have found a CUE I disregarded a few years ago related to a separate issue (Migraines), for some reason when they did my C&P, the doctor noted that it began during my time in service, however, and this is really odd, she stated that it is Not at least as likely Not related to Tinnitus. yes double negative, and I have no clue why she was making a statement in relation to Tinnitus. When they denied it, they stated not related to military service, and that was that. But that is a query for another post.

I was far more concerned with the Hearing, Tinnitus, and Ear Disease (later dx'd as Menieres), and did not really pay much attention to it. My first claim was more of a blanket claim to ensure military issues were identified. I thought it odd, but it was a recommendation my VSO, while I was still in Florida, made at the time. It included a 0% SC I received for a scar from a surgery, 0% for hearing loss (I can understand words when the volume is turned up enough), 10% (eventually) for Tinnitus, non-SC for an injury to left Hip, non-SC for Migraines among a couple of others, I cant recall.