I was reading the thread about the IMO for Meniere's and it made me revisit the subject.
I have had balance problems, things "move", I suddenly bare down on the brake at a stoplight because I (wrongly) think my car is rolling...
I was tested befire I got out. The date on the electronystagmographic report is 10 Sept. '77.
My copy of the record has a graph covering some of the material, but one of the things I can see (but have little clue as to its importance) is "interpretation of caloric test" under which it says "symetrical response - with reversed fixation indicating a central pathology."
I remember I had to refrain from eating and drinking about a day before the test (most likely to keep their floor clean) and was not allowed to drive for several hours afterward.
I laid on a table and water was put in my ear. I could havwe sworn that I started spinning andsteadily gaining speed. electrodes glued all over me produced the graph through a big diagnostic computer.
Other clues are "postion testing: No induced nystagmus" and that the technician eadministering the test was a Sp 5.
I had thought of being retested while I was filing all my claims over a year ago., seeing if I had Meniere's or anything else.
I was at a C & P for otitis (which was pretty well documented but ended up being my only denied claim) with the most hostile examiner I've yet had(and he has a little competition) who drilled me about tinnitus even though I was scheduled to see him about the otitis and another examiner about the tinnitus.
On the way out of the room, I asked him if he would explain what this record indicated. He whipped it in front of him and right back, I believe he said "it means it's not their fault". I left it like that.
Any advice or suggestions?
Gary
Interestingly my tinnitus examiner cut me to ribbons in her report and it ended up being my biggest award, 10 % retro back to the day I after I got out in '78!
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
Question
nlualum82
I was reading the thread about the IMO for Meniere's and it made me revisit the subject.
I have had balance problems, things "move", I suddenly bare down on the brake at a stoplight because I (wrongly) think my car is rolling...
I was tested befire I got out. The date on the electronystagmographic report is 10 Sept. '77.
My copy of the record has a graph covering some of the material, but one of the things I can see (but have little clue as to its importance) is "interpretation of caloric test" under which it says "symetrical response - with reversed fixation indicating a central pathology."
I remember I had to refrain from eating and drinking about a day before the test (most likely to keep their floor clean) and was not allowed to drive for several hours afterward.
I laid on a table and water was put in my ear. I could havwe sworn that I started spinning andsteadily gaining speed. electrodes glued all over me produced the graph through a big diagnostic computer.
Other clues are "postion testing: No induced nystagmus" and that the technician eadministering the test was a Sp 5.
I had thought of being retested while I was filing all my claims over a year ago., seeing if I had Meniere's or anything else.
I was at a C & P for otitis (which was pretty well documented but ended up being my only denied claim) with the most hostile examiner I've yet had(and he has a little competition) who drilled me about tinnitus even though I was scheduled to see him about the otitis and another examiner about the tinnitus.
On the way out of the room, I asked him if he would explain what this record indicated. He whipped it in front of him and right back, I believe he said "it means it's not their fault". I left it like that.
Any advice or suggestions?
Gary
Interestingly my tinnitus examiner cut me to ribbons in her report and it ended up being my biggest award, 10 % retro back to the day I after I got out in '78!
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