hypothetical increase question

[usmc2511]

probably a very stupid question but here it goes...........So just out of curiosity has anyone ever heard of a service connected condition, that has been rated for 7 years, when filing for an increase a VSR or RVSR questioning the rationale of a C&P doctor from the original grant of a claim. Ive got a buddy who was rated based on rationale and statement that said veteran should be awarded benefit of the doubt in this case and opined service connection should be granted(as least as likely as not). If the VSR or RVSR did ever question the rationale of a SC condition that was 7+ years old what steps, if any could they take. I know this wouldn't be a CUE because original rater went off C&P doc rationale, just wondering if they would ever try and sever service connection based on a difference of opinion years down the road. Or what are the main reasons to sever service connection years later?

[usmc2511]

Thanks broncovet for the detailed response, talk about clearing things up for me. You have definitely put my mind at ease, there is in no way, shape, or form a CUE on my rating decision, just get paranoid when I open any claim that the va will try and find a way to reduce something. Thanks again

[Carl the Engineer]

Lean forward with your claim(s),

I was originally rated 10% right foot for plantar faciitis.  7 years later, and since the original rating, I have been recieving cortisone injections in my right foot for the plantar fasciitis.  I did file for an increase last year because of the injections and was denied.  But, I retained my original 10%.

However, along with my increase claim, I did put in a claim for secondary left ankle, because the same doctor who gives me the shots, said I have pain and left ankle instability and prescribed a splint, which I wear.  My left ankle was service connected, but a 0%.  So, I will file for a increase on that as I can only go up from 0%.

And, the rater said that I have right ankle arthritis due to my plantar fasciitis and the rater asked for an opinion from the examiner on whether 50% etc. and whether the two (plantar fasciitis and arthritis) are to be rated seperately and the examiner opined in the affermative on both.  So, another claim for right ankle arthritis.

First, don't be afraid to claim if you have the evidence, or you think you condition has worsened and meets a higher level of compensation,

Second, the VA (comp and pen) is not going to do anything for you, you have to do it.  I.e., both the rater and examiner discussed my right ankle arthritis to include whether 50% etc. and there was no mention of it in my rating letter, because I didn't claim it.

Fun with the VA,

Hamslice

 

[usmc2511]

Thanks Hamslice, I definitely have the evidence to qualify for an increase. When I had my ENG/VNG testing last month the test is much worse from two years prior. In 2015 I had no nystagmus is multiple positions, now I have horizontal and downbeating nystagmus in almost every position, along with saccade and hearing loss and tinnitus. I've had MRI and CT of my brain and IAC's with no central issues noted. All my testing results say severe menieres disease with nystagmus, hearing loss, tinnitus, and vertigo. Frequency is 8-10 a month lasting from 1-24 hours. The doc has offered some pretty crazy treatment options which all have the risk of complete hearing loss or dead ear. He also said the treatment will not cure your menieres but hopefully just lessen my symptoms. I have one more appointment next week, then I think I am going to file for an increase. It is my understanding that these increase claims are flying right now and since Im doing an FDC with a DBQ I've heard as quick as a month or two.

[Berta]

You are only the third vet I know of with Nystagmus.

One went through 4 years USN then 28 years Reserves,  USN  Officer..It seemed to completely clear up after he formally retired from USN.

My husband had it too. For him it was symptomatic of a major stroke. Glad they ruled out brain disease for you.....

I am glad you know the cause, and that makes sense.

 

 

[usmc2511]

Thanks Berta, the ENT doc said he has never seen anther case of down beating nystagmus and horizontal gaze nystagmus without any other issues other than menieres syndrome. I went to another appointment yesterday and he said it is straight menieres disease and gave me treatment options. Basically nothing will cure it but hopefully decrease symptoms. Ive been on low salt, caffeine, and alcohol for years. That recently stopped working so they added lasix, amitryptaline, and betahistine to my dyazide. physical therapy has done nothing for me yet, but I'm hopeful. He also stated that my hearing in my right ear was great, but I am starting to get tinnitus in my right ear, which is how menieres in my left started. Im rated 30% for menieres right now and 60% for other conditions for total of 70%. I am going to file for an increase after my last follow up on tuesday. I don't know the schedule for menieres bt my DBQ says I have 8-10 episodes of vertigo with tinnitus and hearing loss, and cerebral gait disturbance. That along with my imaging and new VNG/ENG maybe I will get an increase granted. My VNG in 2015 was read as normal with a positive caloric testing in left ear for menieres. Now I have nystagmus in almost all positions and they performed a menieres specific test which said it is 100% without a doubt menieres. The VA has been trying to question the diagnosis for years thinking it was something else. Now there is no doubt and Im giving them all my private doctors notes/tests. 

[Berta]

USMC vet- have you claimed and do you receive comp for the tinnitus?