Confused, what's my next step?

[GlennieHB]

I have a 30% bi-lateral hearing loss and 10% Tinnitus rating since 5/17. I would like to try and get an increase in my rating or apply for total disability rating (TDUI) but am unsure how to proceed.  Which forms to use etc.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010, a possible result of the tinnitus, yet I never thought to include this in my initial quest for a rating, plus vertigo that is associated, or is a symptom of Meniere's and is very debilitating for me.  I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.    My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused as to which direction to pursue.  Any help would be appreciated.  Vietnam Vet 64-67.

[Buck52]

 You can file using the 21-526ez form for increase along with your medical evidence to support your increase. Dr's reports that your hearing is worse. lay statment from your last employer if they had to let you go to give reason 

you can't be working when you file for IU  Period!

To get IU if your hearing prevents you from working at any type job or because of your  lack of education....you need to be at least 60%  but in some cases 40% will and can get you to IU  if your hearing is profound and keeps you from substantial gainful employment.

being in Voc Rehab helps to get on IU  if they can't help you   then the counselor will write you a letter to state its not feasible to retrain this veteran because of his S.C. Disability.

Check the 38 ratings for IU  HERE IS THE RATINGS CRITERIA. 

Depending on how much increase you will get? if you get an increase but not up to the 100%  then check the 38 4.16 (b) 38  U.S.C. 501

§4.16   Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

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§4.17   Total disability ratings for pension based on unemployability and age of the individual.

All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:

(a) Marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due to disability.

(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under §3.321(b)(2) of this chapter.

(Authority: 38 U.S.C. 1155; 38 U.S.C. 3102)

[43 FR 45348, Oct. 2, 1978, as amended at 56 FR 57985, Nov. 15, 1991; 71 FR 28586, May 17, 2006; 74 FR 26959, June 5, 2009]

 

[broncovet]

This is the schedule of ratings for Meniere's syndrome, it sounds like you may have been lowballed if you are "unable to work" due to sc condition(s):

Quote   6205 Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.   If you have been lowballed you should either: 1.  Appeal if your decision was within a year or 2.  Apply for an increase if its been over a year.         In some cases, you may be able to allege CUE if VA did not comply with the rating criteria, above, and you have it documented.

[broncovet]

The smart way to do this is to go ahead and apply for an increase AND TDIU, and let VA decide which. (It shouldnt matter too much if you are rated 100 percent or TDIU in many cases.  

Of course, as I explained, file a nod if the decision (as I understand your post) WAS IN May 2017.  You have to May, 2018 to file a nod, so "get er done".  

[Gastone]

GHB, every time you file a  Comp Claim for a New SC or Increase, the Rater is required by VA Reg to include a Review for Possible IU and/or SMC Award. Regardless of what you ask for, each claim is a request for the HIGHEST Rating possible.

With your current SC's 30 & 10, you are not eligible for a VA Scheduler IU Claim (1SC 60% or 1SC 40% + add SC's=70% CSC).

What Evidence is in your C-File or VMC Med Records that would support an IU Award? Have you ever been in the VA Vocational Rehabilitation Program? Think Denial Letter!