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Never Received Ssoc, Do I File Cue?

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keyystone

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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?

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I agree with Berta..."at least as likely as not due to military service" is the words every claimant wants to hear. If your boneheaded Amleg cant figure that one out, then you need a new rep.

Find out the address VA has on file. Is it your current address?? Dont just assume..go to your VAMC and see if the address is correct.

You need to file an I9 within 60 days of reciept of the SOC, and the VA has "presumptive" here...if they said they mailed it to your last known address, then you are presumed to have gotten the SOC wheterh you did or not.

You can certainly ask for a copy. It kills your appeal if you do not file the I9, as it is assumed you abandoned your claim. The VA can take 10 years to process your claim, but if you take 61 days to file the I9, you are dead in the water. (From the I9 form:)

4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways
to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most
time.
(a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing.
(b) You have 60 days from the day that your local VA office mailed you the SOC.
© Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC).
If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period
described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least
60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired.
See 38 C.F.R. 20.302(b)(2).
There is one special kind of case, called
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It pays when we can see the exact wording of this stuff.......because this is different then the first post.

I wish the doctor had left out

"although that cannot be stated definitively"

Did he give a full medical rationale to support what he said ordid he use some good internet print outs?

I sure wish I could write IMOs.

Within minutes I found some good printouts that would indicate Menieres could be the Cause of your HL and tinnitus!

Was the IMO doc an audiologist?

Now I see the vet rep's point :

"less than 50% likelihood?"

because the doctor almost gave them a way out.

The HL and tinnitus could have been caused by the Menieres:

http://umm.edu/programs/hearing/services/menieres-disease

http://health.nytimes.com/health/guides/disease/menieres-disease/overview.html

Question: what was your MOS?

Who diagnosed the Menieres? The VA? Prior to diagnosing the HL?

I hope this will fly ,with the IMO, but .....well....I cant wait to see the SSOC....

Have these conditions affected your ability to work?

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Just to add, Menieres can cause "occupational" Hearing loss:

http://www.occupationalhearingloss.com/menieres_disease.htm

Is it possible that you were exposed to same audio trauma in service that caused the SC HL and tinnitus but that also caused the Menieres?

Makes sense to me....

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  • HadIt.com Elder

I think broncovet meant go to your VARO and check your address not as he stated: "Find out the address VA has on file. Is it your current address?? Dont just assume..go to your VAMC and see if the address is correct."

You should be sure that both the VARO and the VAMC have your correct address.

pr

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Answering as many of the above:

I blew the 60 days for the SSOC because I had not received it. I found out solely because it said it was closed on the ebenefits site. I guess what's done is done on that.

I have been begging for a copy to see what was in the SSOC.

My MOS was 98g Korean Linguist.the hearing loss indirectly resulted in my leaving the military because I was being reclassed to 11c mortarman and chose a general dc vs. Going deaf. Long story there.

The VA doc was in the ENT section. I now have a civilian physician who filled out one of the VA forms and faxed it in for me.

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I now have a civilian physician who filled out one of the VA forms and faxed it in for me.

If this civi doc feels your Menieres started on AD, I certainly hope they also

make a statement to the effect that they have reviewed your SMR / STR's

and supported their opinion with full medical rationale.

That might be helpful.

JMHO

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