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Need Some Help


Runrdud3

Question

Jan 2014 I was pursuing an increase for two disabilities.

1). 10% for Foot

2). An initial for hearing loss/ w tinnitus and vertigo

I was granted 10% for the foot and received a 30% for Menieres disease which both were service connected by the VA rater in 2014.

Menieres symptoms have got so severe I have filed for IU in Dec 2014.

Yesterday, went to my CNP and met with an ENT at the Salt Lake VA. He did the exam and I gave him all the symptoms and he did a few tests, but I had never met such a weird doc in all my life. He said Menieres can in no way be service connected and he said he was going to document that in his review, service connection should never accompany this disease for disability benefits. He did write that I have episodes 2-3 time a week and all the other things associated with Menieres. I thought since it was service connected under diagnostic code 6205 I could be rated at a higher rate when symptoms progress. I have been out of work because of it for a year. I am real nervous that his comments will reduce/eliminate the 30% I already have. My private doc even wrote a letter stating that my disease warrants unemployable and that he is treating me for it. I saw Audiology an hour later and my hearing loss is still quite significant.

Any advice?

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Its pretty hard for the VA to reduce, but I would not worry about it because worry never robs tommorrow of its sorrow, only today of its happiness.

If you get a proposed reduction, you can deal with it then. In the interim:

Get the C and P exam report. Did the Doc actually say your mieneres is not SC? He may have said that, but its what is in his report that counts.

If, indeed, your doc put in his report that meineres is not SC, then why does VA compensate Vets for it? He sounded like he was talking generally, not specific to you. Another doc apparently opined otherwise and conflicting reports should favor the Vet.

If you have a private doc opinion in your favor, thats even stronger as you would then have 2 out of 3 docs said it was SC.

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Thanks Broncovet

What's real crazy is I had the same ENT doc Jan 2014 (initial review) that told me pretty much the same things and then I was service connected at 30% three weeks later. He seemed upset that I even got rated at that percentage in the first place.

I have to assume the rater found something that tied the Menieres to service connection or I would have never got it in the first place.

Runrdud3

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The rater may have seen a CUE waiting to happen, cut through the examiner's editorializing, and focused on the measurable results.

Have you also filed for Social Security disability?

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Go get a IMO from a ENT Dr that is Board certified in Otolarynology GY/ps (using hadit guidelines in audiology set by the VA.

Have the new Dr to state in is Impression as close as he can using the VA guidelines and how they want things to be worded.

).

If You get a reduce to propose letter (IF YOU DISAGREE WITH OUR DECISION)....File NOD, ask for DRO hearing and take your new IMO ..usually the DRO will rebute a VA Dr Opine....just make sure the Dr addresss your exam in the proper text set forth by the VA Regs.

It seems the VA Dr that rated you or helped you get your SC has some mental problems himself.

Good Luck Buddy!

JMO

...........................Buck!

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If you can't work due to your disabilities, file for SSD. You can do this at the same time you have a TDIU claim pending. One is not contingent upon the other. Personally, I always recommend getting an SSD attorney at the beginning of the process, instead of waiting until any denial possibly occurs and then having to get an attorney to help appeal it. Others may disagree, but this approach worked out successfully for us. You can file online immediately and find representation later on, if you choose to go that route.

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