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]

https://iris.custhelp.com/

Click on the Ask a Question link.

You might want to start getting some of this stuff in writing. (i.e. how they aren't able to find the SSOC)

Edited September 19, 2013 by free_spirit_etc

[keyystone]

One thing, I have come upon since I first started this whole bit, apparently the Migraines are actually likely related to the Meniere's disease. There are some interesting studies on the relation of the two.

[Berta]

So sorry...I forgot the "Ask a Question", as free-spirit posted, is the actual IRIS Inquiry link....

Yes my daughter was at DLI, for 2 years of tech school, in for total of 7 years , re -upped due to 9-11 and HD in 2004....and now still TS with NSA (DOD)

"it is not easy to translate (pardon the pun) to the layman the kind of work I did."

I fully understand that and not easy to get VA to always comprehend job descriptions that are top secret and classified and that have caused disability.

I learned right away not to ask my daughter anything about her Military or NSA work. It is scary for a parent to get from their adult child, a TDY date and in a place very far away, and then a DEROS, and then she would add, Mom if anything happens to me ,the State Department will contact you.

That is hard on spouses and children of Intel men and women as well .Thank you for your service !

"yes double negative" Geez, that sure might involve a potential CUE claim.

[bluenote]

Based upon the provided facts something is procedurally amiss. If you filed a Notice of Disagreement in relation to a recent Rating Decision the next sequence of events would be notification of the Statement of Case (in the absence of the VA granting full entitlements for the claims subject to the NOD). Once you received the SOC you then have 60 days to file a VA Form 9 (substantive appeal to the Board of Veterans Appeals). It the facts are as described a SSOC would have no application to your claim based upon status. Somewhere the wires are being crossed.

Seth

[keyystone]

I never received anything from VA after filing the NOD. They state that they sent a SSOC in Sept of 2012, and closed the case in Mar. of 2013. I received no comments from them at all until I happened to look into Ebenefits (for a completely different reason) and noticed it had been closed. I called them and they reiterated it had been sent. I have been repeatedly requesting a copy since. Most recently, getting a statement that there is a record of it, but no actual document on their computers.

BTW, someone else asked me this, so I will answer here as well, the NOD was filed in a timely manner (within the specified timeframe.)

[free_spirit_etc]

If you say you did not get it, your VSO says they did not get it, and they can't find a copy of it - it would sure seem like they would need to issue another one (if they even issued one in the first place.)

Even this does not add up "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. "

"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)."

So on the phone they tell you they can pull up a scanned document, and then when you go to pick up a copy they tell you that they can't find it.

I would make sure I had a paper trail on this one -- making sure you have written confirmation that you are trying to get a copy, and written confirmation that they can't find it.