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Question on appeal claim

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rbarroso1830

Question

I filed a claim for Eustachian tube dysfunction and bilateral hearing loss. The VA changed my claim to 

1. Hearing loss

2. Meniere's Disease 

3. Perforation of tympanic membrane

I did not file for those disabilities and I am at the appeal stage.. any suggestions, they have seemed to change my claim without any notification. I've been told to leave it alone so that when I receive a response I can show that they are not following the claim that I filed. 

any suggestions...

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@rbarroso1830

The reasons may be found here

§4.20   Analogous ratings.

When an unlisted condition is encountered it will be permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely analogous. Conjectural analogies will be avoided, as will the use of analogous ratings for conditions of doubtful diagnosis, or for those not fully supported by clinical and laboratory findings. Nor will ratings assigned to organic diseases and injuries be assigned by analogy to conditions of functional origin.

and then look at this

Eustachian tube dysfunction and Meniere's disease: a report of 341 cases.

https://www.ncbi.nlm.nih.gov/pubmed/7457579

Broncovet is right look up those items he mentions as well .

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Sometimes the details of the disability you file for falls under another type of disability they compensate for or they don’t have something specific it would be called. Example would be trochanteric pain syndrome including trochanteric bursitis is the what they changed my one issue too, I filed for broken right hip. 

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What do your medical records say?  Did you look up the DC's for Meniere's and ETD?   Remember, the DC's are being updated, and you dont yet know whether these (updates) will help or hurt you.  

My first impression is that..the "upgrade" from Eustacian tube dysfunction to Meniere's disease will help you, since Menieres is high rated, but I dont know about Eustacian tube dysfunction.  

Before you attack VA, my suggestion is you wait for the outcome, it may be better with Meniere's.  

This said, its no suprise when Vets dont trust VA..given their history.  So, its no wonder you are skeptical that VA is "helping" you.  YOu will just have to wait and see.  

Edited by broncovet
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