Evedence For Disability Claim

[randylan2]

I KNOW SOMEONE MIGHT HAVE A BETTER UNDERSTANDING OF THE V A REGS ON ONE DOCTOR REPORT VS ANOTHER

I AM CURRENTLY SERVICE CONNECTED FOR BILATERAL TINNITUS. BACKGROUND:

ACTIVE DUTY 1990 -RINGING IN EARS DOCUMENTED ON ACTIVE DUTY

2001- VETERANS PRIVATE DOC TREATS VET FOR RINGING IN EARS

2002-VETERAN FILES CLAIM FOR HEARING LOSS AND RINGING IN THE EARS FROM ACTIVE DUTY NOISE EXPOSURE

2002- VETERAN AWARDED SC FOR TINNITUS, CAUSED BY MILITARY NOISE EXPOSURE

2008- VETERAN LOST HEARING IN RIGHT EAR AND TINNITUS GETS WORSE ALONG WITH LEFT EAR HEARING LOSS

2008- VETERAN CLAIMS SECONDARY HEARING LOSS AND MANIERES DISEASE FROM SC TINNITUS

2009- INDEPENDANT MEDICAL OPINION - REPORTS VETERANS HEARING LOSS AND MENIRES CAUSED BY SC NOISE EXPOSURE

NEG OPINIONS

VETERAN AFFAIRS SENDS FILE TO DR AND THE DOCTOR REPORTED ALL HEARING LOSS IS SPONTANIOUS EVENT AND NOT SERVICE CONNECTED

VETERANS AFFAIRS AUDIOLOGIST REPORTS HEARING LOSS IS A TYPICAL, NOT RELATED TO SERVICE

POS EVEDENCE IN SUPPORT OF CLAIM

2009-IMO DR REPORTS HEARING LOSS MENIERES IS SC NOISE EXPOSURE FROM THE PAST

2009-2013 VETERAN IS TREATED BY PRIVATE ENT DOCTOR, THAT REPORTS THE HISTORY STARTING IN 1990 AND FOWARD SOUNDS CONSISTANT WITH MENIERES DISEASE.

DR ALSO REPORTS IT IS MUCH MORE LIKELY THE LEFT EAR HEARING LOSS AND TINNITUS IS SERVICE CONNECTED

AND THE RIGHT EAR MENIERES STABLE

2009 C@P EXAM DR REPORTS VETERANS MEDICAL FILES SHOW VETERAN HAS LONG TERM MILD HEARING LOSS SHOWN FROM PAST AUDIO EXAMS

QUESTION IS, DOES THE RATER ONLY COUNT THE V A EVEDENCE OR DOES ONE REPORT OVERRIDE THE OTHER?

FAR AS I KNOW V A ONLY HAS 2 REPORTS FOR EVEDENCE TO DENY BENEFITS

WOULD SYMPTOTOLOGY OF SYMPTOMS ALONG WITH THE LAY STATEMENTS WORK FOR THE NEXUS ?

WOULD REASONABLE DOUBT RULE APPLY TO THIS CLAIM?

VA REGIONAL OFFICE DENIED CLAIM

2013- BVA REMANDS FILE DUE TO THE V A DOCTORS SPONTANIOUS EVENT OPENION WAS NOT EXPLAINED.

AMC LETTER TELLS ME I CAN SEND ANY OTHER EVEDENCE AND THEY SENT FILES BACK TO THAT V A DOC TO WRITE EXPANATION OF HIS DIAGNOSES

I WOULD THINK MY PRIVATE ENT DOCTOR WOULD HOLD UP MORE WEIGHT WITH ISSUES OF SYMPTOMS FOR MENIERES DISEASE AND BILATERAL HF

HEARING LOSS. REPORTED.

AMC WILL PUT FILE TOGEATHER AND RATE CLAIM.......

DOES THIS EVEDENCE OF THE VETERAN HAVE A CHANCE ?

ANY SUGGESTIONS ?

YOU CAN ALSO EMAIL

randylan2@hotmail.com,

CLAIM IS NOW 5 YEARS OLD

Edited October 20, 2013 by randylan2

[free_spirit_etc]

I am always amazed that when the private opinion is more probative than the VA opinion, they remand the claim and ask the VA examiner to polish his denial opinion.

[randylan2]

I am always amazed that when the private opinion is more probative than the VA opinion, they remand the claim and ask the VA examiner to polish his denial opinion.

IS IT STILL POSSIBLE FOR THE REASONABLE DOUBT DOCTRINE?

[randylan2]

THE RESEARCH I HAVE FOUND IN THE V A REGS REPORTS IF SYMPTOMTOLOGY OF SYMPTOMS DO SHOW CONTINUITY, ALONG WITH LAY STATEMENTS CAN BE ENOUGH FOR THE NEXUS.

AND THIS REGULATION ABOUT ONE MEDICAL REPORTS OUT WEIGHTS ANOTHER REPORT

IS VERY CONFUSSING. ANYONE HAVE KNOWLEDGE OF THAT RULE?

Edited October 20, 2013 by randylan2

[free_spirit_etc]

IS IT STILL POSSIBLE FOR THE REASONABLE DOUBT DOCTRINE?

Yes. You should also be given a copy of the new and improved opinion issued by the VA examiner, and so that you can have your private doctor refute anything that is ridiculous.

But the aggravating thing is that if the VA opinion is adequate and the private opinion is inadequate - they deny, but if the private opinion is adequate and the VA opinion is inadequate they often remand to give the VA examiner another chance to write a more adequate opinion. It seems basically unfair and adds lots and lots of time to resolving the claim.

[free_spirit_etc]

Don't panic! You haven't lost yet! In fact, it sounds like you have a very good case. But welcome to the world of "VA-ness" in which they don't always play by the rules that are printed on the box top.

Edited October 20, 2013 by free_spirit_etc

[free_spirit_etc]

Reporting symptomology might help. But did your doctor write a strong IMO with reasons for his opinion and cite any medical studies? That might help strengthen your claim.

Also - did they deny your initial claim for hearing loss (the claim in which you were granted SC for tinnitus)?