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]

Below I have copied and pasted what the rating schedule says.

Here is the link.

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#sg38.1.4_180_64_184.sg2

6204 Peripheral vestibular disorders:

Dizziness and occasional staggering 30

Occasional dizziness 10

Note: Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined.

6205 Meniere's syndrome (endolymphatic hydrops):

Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100

Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60

Hearing impairment with vertigo less than once a month, with or without tinnitus 30

Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

[helman35]

Georgiapapa,

Thank you I will take your advice and proceed in that direction. In my VA Medical Files that I have, it shows the treatment of Seziures from 1996 to 2003. In those records is the abnormal ENG of 1999. In the Primary Care Visits, Neourology Visits as well as the other Dr Visits it states symptoms of Loss of Balance, Dizzy Spells, Headaches and Migrains, nausea and tinitus. With all this there was not a diagnosis of Menieres Disease. I did not know anything about this till my neices husband (Airforce Dr) told her thats what he felt I was suffering from. So in the meantime I read I should get a copy of my 1996 C-File claim While trying to get a copy of the C-File the New Orleans RO open a new claim January 21st. So I havent been seen by anyone private or VA with the symptoms.

I will start looking for someone that is a Meniners Disease Specialist.

As I asked Navy Wife should I list Seizures with my Disabilities?

[georgiapapa]

More great advice from NavyWife. Definitely wait on filing the seizure claim if your pending claim is an FDC. Adding another medical condition or submitting additional info to a pending FDC would move your pending claim from the FDC process to the standard claim process which is much slower.

[helman35]

Should I wait to get my Service Medical Records before I go see a private Dr?

[helman35]

I am not sure if my claim is a FDC. Should I submit this as FDC?

[helman35]

I read on FDC. I am unsure of this since it was the New Orleans Regional Office that iniated the claim for me. So I am not sure. I do see this on Ebenefits a hyperlink to ask the VA to evaluate the claim as soon as possible.