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

[georgiapapa]

If the VA had your SMRs in 1996, they should be in your C-file. However, you can not depend on them being in your C-file. Just to be sure, you should request all of your SMRs from the National Archives. Provide as much info as possible to the National Archives. I believe their website is www.archives.gov. If the VA already has them, the National Archives will let you know. Also request your C-file, which is your VA claims file, from the VA. It may take several months to get a copy of your C-file from the VA and your SMRs from the National Archives so you need to make a request at both just to be sure you have your SMRs as soon as possible.

Good luck to you.

[helman35]

Georgiapapa and Navywife, I checked my claim today and it was updated. States that it is requesting a Freedom of Information Act / Privacy Act . What is this? I put them in descending order. All though the dates went fom 1/21/2015 to 1/22/2015 the 1/22/2015 didn't show up till today. Is this something I am waiting to get from VA? Or something I need to search the web for? I find it odd no disabilities claimed on the new update.

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:

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

Received: 01/22/2015 (Freedom of Information Act / Privacy Act Request) Estimated Completion Date: At this time, your Regional Office is unable to provide an estimated completion date for this type of claim.

At this time there are so few claims like yours, that we cannot statistically project a completion date. Your claim will be completed as quickly and accurately as possible.

Disabilities Claimed: PRIVACY ACT REQUEST (New)

Current Status: Under Review

[georgiapapa]

When I requested an appointment to view my C-file, it showed up on ebenefits as a FOIA/Privacy Act request. I might be wrong but your request for a copy of the C-file is likely to be considered as a FOIA/Privacy Act request. I was previously told a FOIA/Privacy Act request is referred to as a claim on ebenefits.

Don't worry about changes in the completion dates on ebenefits. This constantly changes and is totally unreliable.

[helman35]

Thank you Georgiapapa. I searched on google and found some information but wasn't a 100% sure. The request I sent on Wednesday Form 3288 was sent Certified. It has not been received as of this morning. This must be the request Ms L. Hines put in for me on 1/21/2015. I believe her title was Public Informations Manager at the New Orleans VA. She is the one that entered the Claim for me, and told me that she would put in a request that I receive my file and medical records.

I read on the head trauma. Seizures do not often occur and can go years before showing up. My effects were gradual from 1987 to 1990. What does presumtive mean? IE My SMR should have the blow to the head and ARDS in them. Even though I did not go to sick call complaining about the occasional dizzy spells. Would these two Injuries be presumtive since they both have serious medical complications?

[georgiapapa]

The VA uses the term "presumptive" to identify diseases they have already concluded to be service connected based on a veteran's exposure to certain substances during their military service.

For example, the VA has concluded that Vietnam veterans who served on the ground in Vietnam or on the inner waterways of Vietnam were exposed to Agent Orange and the VA has also concluded that Agent Orange exposure increases the likelihood of developing certain diseases which are identified on an "Agent Orange Presumptive Disease List." As a result, Vietnam veterans only have to show proof of service in Vietnam and a medical diagnosis of one of the diseases on the presumptive disease list to be service connected.

There are different presumptive lists for the different wars.

Head trauma or other types of injuries incurred during your military service could cause other medical conditions later in life. These medical conditions would be characterized as "secondary conditions." If you obtain an IMO from a neurologist who provides an opinion showing a nexus between your service connected head trauma and your seizures, your seizures would be service connected as secondary to your head trauma. MIMOs must meet certain requirements for content and format as shown in the IMO sample shown on the Hadit website.

[helman35]

Thank you Georgiapapa. This can be overwhelming but I think I am gaining clarity. I contacted a ENT about an IMO on the Menieres Disease and if he is an expert. Navywife thought I should use the Seizures lastly so I am not pyrmiding the conditions.