63Charlie Posted December 21, 2018 Share Posted December 21, 2018 Two weeks ago, I was provided a C&P exam by LHI for Meniere's Syndrome. My attorney is unable to see the DBQ from that exam on VBMS. Yesterday, I receive a call from the Viera CBOC to schedule me for another exam for Meniere's Syndrome. I'm feeling that the first examiner's opinion was favorable to establish service connection. I'm feeling that a rater is seeking a negative opinion to develop a denial of my claim. They already pulled this stunt on me once before on my ankle condition. Had a favorable C&P exam and the rater didn't like it so I was sent for another exam and the rater found the negative opinion "more persuasive". Ship of fools. FlyboyLeRoy 1 Link to comment Share on other sites More sharing options...
0 vetquest Posted December 21, 2018 Share Posted December 21, 2018 We need to ask Asknod about this. I did not believe the rater could request an examination to disprove what is already completed. Link to comment Share on other sites More sharing options...
0 Pedro L Posted December 21, 2018 Share Posted December 21, 2018 I was treated for Vertigo, hearing loss, and tinnitus in service. The treatment is noted in my service records. Perhaps the reason they are sending you for another examination is because the Nurse Practitioner was not qualified to make a diagnosis of Meniere's Disease. I was initially sent to two Audiologists who were not qualified to diagnose Meniere's. I was then sent to a VA otolaryngologist who was instructed to only determine whether my hearing was service connected, and not if I was service connected for Meniere's. That ENT Specialist did service connect me for Meniere's, but the VA ignored it. I also had two two private otolaryngologists who diagnosed me with Meniere's plus I had one strong IMO from a private physician. The VA doctor who examine me ignored my doctors' opinions and did not link my Meniere's to service. The BVA Judge disagreed and granted service connection for meniere's. Hopefully you are being examined by a doctor who is qualified. seminoles 1 Link to comment Share on other sites More sharing options...
0 seminoles Posted December 21, 2018 Share Posted December 21, 2018 2 hours ago, Pedro L said: I was treated for Vertigo, hearing loss, and tinnitus in service. The treatment is noted in my service records. Perhaps the reason they are sending you for another examination is because the Nurse Practitioner was not qualified to make a diagnosis of Meniere's Disease. I was initially sent to two Audiologists who were not qualified to diagnose Meniere's. I was then sent to a VA otolaryngologist who was instructed to only determine whether my hearing was service connected, and not if I was service connected for Meniere's. That ENT Specialist did service connect me for Meniere's, but the VA ignored it. I also had two two private otolaryngologists who diagnosed me with Meniere's plus I had one strong IMO from a private physician. The VA doctor who examine me ignored my doctors' opinions and did not link my Meniere's to service. The BVA Judge disagreed and granted service connection for meniere's. Hopefully you are being examined by a doctor who is qualified. My experience with the VA and vestibular disorders is that they don't even begin to know what they are doing. I did have a resident from Shands (UF) that saw me and he knew what he was doing, then I went in the next visit and an idiotic NP asked me why I was there and told me to go to Neuro, for a vestibular disorder, okay??? yeah. Pathetic at best. I too had symptoms in service and they are documented with the symptoms and were diagnosed as eustachian tube dysfunction lol. Link to comment Share on other sites More sharing options...
0 63Charlie Posted December 22, 2018 Author Share Posted December 22, 2018 If the rater refuses to award service connection for Meniere's Syndrome after they get a favorable opinion to establish service connection, I will refuse to attend another C&P exam for the same condition. That is denial of due process. See them in court. Link to comment Share on other sites More sharing options...
0 vetquest Posted December 22, 2018 Share Posted December 22, 2018 While I agree with you about denial of due process 63Charlie, never fail to attend a C&P exam. This leads to an immediate denial. Attend the exam and then fight it at the BVA level. Link to comment Share on other sites More sharing options...
0 Pedro L Posted December 22, 2018 Share Posted December 22, 2018 "If the rater refuses to award service connection for Meniere's Syndrome after they get a favorable opinion to establish service connection, I will refuse to attend another C&P exam for the same condition." I agree with Vetquest, don't miss any C&P exams. You will provide the Rater an excuse to deny your claim. Insure you have provided the VA the following in order to prevail in your disability claim. If any of the elements are missing, your claim will be denied. (Been there, done that) CALUZA Requirements: Service connection requires that there be (1) medical evidence of a current disability, (2) medical or lay evidence of in-service incurrence or aggravation of an injury, and (3) medical evidence of a nexus between the claimed in-service injury and the present disability. Caluza v. Brown, 7 Vet. App. 498 (1995). Link to comment Share on other sites More sharing options...
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63Charlie
Two weeks ago, I was provided a C&P exam by LHI for Meniere's Syndrome.
My attorney is unable to see the DBQ from that exam on VBMS.
Yesterday, I receive a call from the Viera CBOC to schedule me for another exam for Meniere's Syndrome.
I'm feeling that the first examiner's opinion was favorable to establish service connection.
I'm feeling that a rater is seeking a negative opinion to develop a denial of my claim.
They already pulled this stunt on me once before on my ankle condition.
Had a favorable C&P exam and the rater didn't like it so I was sent for another exam and the rater found the negative opinion "more persuasive".
Ship of fools.
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63Charlie
Two weeks ago, I was provided a C&P exam by LHI for Meniere's Syndrome. My attorney is unable to see the DBQ from that exam on VBMS. Yesterday, I receive a call from the Viera CBOC to sc
Pedro L
I was treated for Vertigo, hearing loss, and tinnitus in service. The treatment is noted in my service records. Perhaps the reason they are sending you for another examination is because the Nur
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