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]

As of right now I wouldn't do anything else.

First, Find out if your claim is an FDC or not.

Before we get too ahead of ourselves I see that the treatment for seizures was through the VA.

But did the seizures BEGIN while you were still in the military? If so then you need to find some medical records --from the military --showing symptoms, diagnosis or treatment. But if the seizures did not begin while you were in the military then that would not be a claim to file.

Your claim is very likely to run into an issue called pyramiding. It means that VA won't pay twice for the same symptoms. Ménière's and minor seizures have a lot of the same symptoms.

You really need to figure out which one you have so that you can make the best case for your claim. Also you want to figure out which one has the best medical records showing treatment and diagnosis to help prove your claim.

Edited February 18, 2015 by NavyWife

[georgiapapa]

Helman35,

Have you received anything in writing from the New Orleans RO or Jackson RO regarding your pending claim? If you receive a VCAA notice asking you if you will have additional evidence to submit with your claim, I would indicate you will have additional evidence and not to make a decision at this time. Based on what you have told us, your claim will need more evidence to succeed. You have up to a year to submit all of your evidence.

I would take your time to confirm a diagnosis of your medical condition, gather your SMRs, VA records, private medical records, IMOs and any other relevant medical evidence supporting your claim. Your effective date for your pending claim has already been established so you do not have to rush yourself. During this time, also familiarize yourself with the VA claims process. Personally, I would not put a lot of reliance on a VSO. The good ones are overwhelmed and they will not put the proper time and effort your claim requires and deserves. Due to their workload, they sometimes miss deadlines which can be catastrophic to a veteran's claim. You are your own best advocate. While familiarizing yourself with the claims process, if you have questions, just post them on Hadit. There are a lot of knowledgeable people on this website who will help you.

In regards to your TBI question, I defer to NavyWife who is a lot more knowledgeable on the subject.

I hope everything works out for you.

Georgiapapa.

[helman35]

I will find out about the FDC. This is what it states on Ebenefits. I am unsure what is in my Medical File. I know I had the symptoms I have now, but at that time they were not as often or as strong. IE I would have dizzy spell but go away quickly. I know the Head Injury, ARDS are in there.

• Received: 01/21/2015 (Compensation)
• Estimated Completion Date: 08/03/2015 to 01/03/2016

  The time it takes to complete your claim depends on factors like the type of claim and the type of disability claimed.

  The estimated dates are based on a statistical analysis of historical processing times for similar claims. Some things you should know:

  • Historical data may not accurately predict current conditions. Your claim may take longer.
  • Dates may change as the statistical analysis is updated.
  • Some claims will take longer than the range of dates given as they are based on an average.

  Submitting the supporting documentation that has been requested quickly and electronically is the surest way to get your claim decided as quickly as possible.

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

[NavyWife]

For any issue that has previously been denied you need to find out what was the exact reason it was denied and then provide evidence to overcome that denial.

For example if it was denied due to "no diagnosis ", Then you would want to seek out a doctor on your own and get the diagnosis.

If it was denied due to "severity level is not high enough to meet a compensable rating ", Then you would want to have your own doctor write a letter stating what your severity level is.

Here are some good links you may want to check out.

http://www.benefits.va.gov/compensation/dbq_ListBySymptom.asp

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

Edited February 18, 2015 by NavyWife

[georgiapapa]

Great info on the links in NavyWife's post.

[helman35]

^{Georgiapapa and Navywife thank you so much for the information. Your direction will help a lot. Like I said, I am new to this. I should have pursued this earlier but I just lost the motivation for the fight. I requested my C-File but what I have read that will take some time. Would the C-File contain my SMR? What actually is in a C-File?}