Seizure &/or Menieres Disease Claim Help

[helman35]

I have been following Hadit for several months to gain knowledge for my claim. I have a questions and need guidance. In 1996 I had the American Legion help with a claim. I was not diagnosed but through the explanations of my ailments they Claimed Seizure Disorder. I was seen for a C&P exam in Biloxi which was not honestly an exam, but the Primary Care Physician and Neurologist I saw after the C&P Exam were treating for Seizure Disorder. What my symptoms were, loss of balance, dizzy spells, nausea and tinnitus. I was treated for about 4 or so years and just stopped going. I honestly did not know how or what the claim process was. I assumed since I was being treated the Claim was moving forward. I gave up. This year my brother who retired as a E-9 called me and asked me details about my claim. I believe he thought I received a Compensation. I told him I never heard from the American Legion or VA on a denial or approval. So he suggested I start a new claim, and maybe I didn't have Seizures but Meniere's Disease. I called the New Orleans RO to ask about my 1996 Claim and was told that I was denied and the denail was a generic code. The New Orleans RO started a claim for me an have listed these as the Disabilities Claimed.

Disabilities Claimed: HEAD INJURY W/ EQUILIBRIUM RESIDUALS; possible Meniere's Disease or Vertigo (New), RESPIRATORY CONDITION (New), BILATERAL ANKLE INJURY (New), SINUSITIS (New)

Since I felt I was misdiagnosed with Seizures vs Meniere's Disease, will the C&P Exam indicate this? Should I list Seizures as well as the Meniere's Disease? In my treatment records it shows I have the symptoms of Meniere's Disease, but they list them under my diagnosed Seizures. I always wondered why they were treating me for Seizures, honestly I thought hey they are Doctors maybe this is what is wrong with me although I never blacked out or had convulsions. Should I include Seizures on my Claim?

helman35

Edited February 18, 2015 by helman35

[NavyWife]

Seizures are extremely complex. Even the doctors and researchers do not fully understand them.

From what you have described, dizzy spells & loss of balance --that could be minor seizures. They have many names such as partial, complex, etc. Not everyone has major seizures--those involve convulsions and black outs.

But it could also be Meneire's.... There is usually a hearing loss that goes along with it.

What exactly have you been diagnosed with?? Seizures or Meneire's.

Did you have a head injury while in service? If it is documented, you may want to file for TBI at some point.

If you have been diagnosed with seizures, and it is currently bothering you, then at some point you may want to file a claim for that.

How long ago did you file this claim? Is it an FDC claim?

Edited February 18, 2015 by NavyWife

[helman35]

Hi, Thank you for responding. The website and the claim process is really new for me. I put a claim in 1996, the American Legion helped me and claimed Seizures. I am unsure if being diagnosed and treated are the same. However i was being treated for Seizures. They just never addressed the loss of balance. I never heard how the Claim was denied. Honestly never heard from anyone. In Janauary 2015 the New Orleans Regional Office open a new claim for the listed Conditions.

Disabilities Claimed: HEAD INJURY W/ EQUILIBRIUM RESIDUALS; possible Meniere's Disease or Vertigo (New), RESPIRATORY CONDITION (New), BILATERAL ANKLE INJURY (New), SINUSITIS (New)

The Seizures are not on there. I wasnt sure if I have that added since its my belief I was missdiagnosed, since Menieres Disease sounds exactly my symptoms. Should I have them add Seizures anyway? Or will a C&P Dr determine if its Menieres or infact Seizures and report his findings? I was shoved in the back into my wall locker by a drunk roomate while in Korea 1987. This did knock me oout. I was also hospitialized for 4 days in Basic Training with ARDS (Acute Respiratory Disease) . Can you tell me what a TBI is? What is a FDC claim?

[helman35]

I did have a Abnormal ENG test that showed Bilateral Weakness to the Greatest Degree. That was done in 1999 but never addressed. When my wife passed away in childbirth in 2000, i gave up with the VA.

[NavyWife]

Lots of people give up with the VA because they make it excruciatingly difficult. You're not alone there!

A FDC is a fully developed claim. It means you have all the evidence and medical records to prove your claim and you submit them all at once.

A TBI is a traumatic brain injury. I see they have head injury listed in your list of claims.

No a diagnosis and treatment are not the same.

Do you have a copy of your service medical record or medical records from the treatment of these issues?

If this was filed as a normal claim, Since the claim was just opened last month it would be okay to add seizures now, if you want.

But if it was filed as a fully developed claim then you may want to wait, there are special rules for FDC claims.

Is the American legion or someone helping you with this claim now?

Edited February 18, 2015 by NavyWife

[georgiapapa]

helman35,

Good advice from NavyWife. By the time I post this, she may have already responded but an FDC is a Fully Developed Claim. Go to the VA website for info on Fully Developed Claims.

I am not a medical professional but according to the info I have read, your symptoms and the abnormal ENG test seem to support a diagnosis of Meniere's Disease.

Have you been examined by a Otalaryngologist (ENT doctor) who specializes in Meniere's Disease? If not, you should consider doing so, preferably with a private specialist. The Meniere's Disease specialist will confirm or rule out Meniere's Disease. If the specialist confirms a diagnosis of Meniere's Disease, you should ask the doctor to provide you with an IMO (Independent Medical Opinion) to support your claim. See the IMO section on the Hadit website for info on an IMO format. If your symptoms are shown in your SMRs (Service Medical Records), you should take these records and your relevant VA medical records with you to the exam by the specialist. The specialist would then be in a better position to render a supporting opinion in the IMO that they have reviewed your SMRs and VA medical records and based on their review of the records and their test results, you have Meniere's Disease and there is a nexus between your Meniere's Disase and your military service.

Please keep in mind, your C & P exam will probably be performed by a nurse practitioner or physician's assistant. I would not depend on the C & P examiner to diagnosis your medical condition. They will probably base their opinion on the medical evidence provided to them at the exam as well as your responses to specific questions they will ask you from a checklist. JMO

Georgiapapa.

[helman35]

So would the Head Injury count as a TBI claim? I Requested my Medical Service Records, I only received 5 pages. Those pages only consisted of the ARDS and Hospitalization. I requested them again and sent that off about 3 weeks ago. I spoke to a L.Hines at the New Orleans RO about filing the claim. She is the one that entered it for me at the direction of her Director. Since I live in Ms they were unsure if the Jackson Ms RO would take this. It was decided by the Director for them to handle my claim. She was to make entry that I wanted a copy of my C-File and my Military Medical Records. That was on January 21st. As of today I have not recievd them. I sent a Form 3288 in today to request the C-File. Shouild I call the New Orleans RO and have them add Seizures? Or should I do a new claim on Ebenefits?

I have read alot on this forum and sounds like good advice was not to use a Veteran Service Officer.