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]

Ugh. So apparently I am screwed. VSO rep called me and said he received my file today and the SOC is there. He is going to send it to me. Havent seen it yet to see why it was denied.

So now I have to reopen. I would prefer to wait until I get my complete c-fike to reopen. I am told from Houston VARO, takes 9 months (VSO rep got it in a week). 8 years of this crap and back to the drawing board. So if a case is closed for not submitting a form 9, does the clock start all over?

[free_spirit_etc]

You still might not be all of the way screwed. Even if the SSOC is in there - you have built a case to show you didn't get it. You didn't get it. Your VSO said they didn't get it. They have it NOW because it is in the record. But it couldn't be found in the record the other day when you tried to get a copy. And the RO had told you that it is odd that it isn't on letter head. Is it possible that they finished the SSOC, but never sent the letter (with the SSOC)?

Even if you have to reopen, I would still try to make a case that you were never notified, and your claim is still pending. I am not sure if the RO would grant that - but it could possibly get you an earlier effective date down the road.