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63Charlie

Another Lousy C&P Exam.... Meniere's Disease

Question

 

 

 

Meniere's Disease involves an audiological component(hearing loss) that requires examination/evaluation.

From my understanding of VA regs, there is a requirement that any C&P involving hearing loss MUST be done by an audiologist.

I had complained prior to the exam about the qualifications of haviing my C&P exam performed by a NP.

My complaint fell on deaf ears.

 

LACK OF EVALUATION OF SERVICE TREATMENT RECORDS:

At no point on this C&P exam, is the onset in service of low frequency hearing loss @500hz (Symptom of Meniere's) addressed by the C&P examiner.

At no point, was the onset in service of fluctuating low frequency significant threshold shifts(15dB) (Symptom of Meniere's) addressed by the C&P examiner.

At no point, was dizziness (Symptom of Meniere's) having onset in service addressed by the C&P examiner.

Right ear pain( Symptom of Meniere's) occurred three months before a following hearing test indicated two low frequency significant threshold shifts in my right ear, per my service treatment records.

 

SECTION II - RESTATEMENT OF REQUESTED OPINION

 

2a. Insert requested opinion from general remarks.

Does the veteran have a diagnosis of Meniere's Disease that is at least as likely as not(50 percent or greater probability) incurred in or caused by the right ear pain during service?

 

This rater wrongfully asks the examiner to opine if Meniere's Disease was caused by the right ear pain noted during service.

This is why I had typed above BOLD print Meniere's Symptom to illustrate that ear pain is a symptom, one of many, and not a cause of Meniere's Disease.

 

What did I learn from this?

When the VA wants to deny a veteran disability benefits, it is easy to pencil whip a a claim with a bogus DBQ performed by one of their bogus examiners.

The RO level is rotten.

Another one headed to the BVA.

 

 

 

 

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Edited by 63Charlie

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It is sad that we have to go to the BVA to have a fair hearing on our cases, only delaying them by years.

Have you tried calling the Whitehouse number?

Edited by vetquest

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Dealt with the WH Hotline before on another claim where the VA developed to deny a claim for ankle condition.

 

VA sent me for a C&P exam for my ankles.

Examiner opinion was favorable noting my injuries in service.

Rater decided to send me for a second C&P exam 3 months later to obtain a negative opinion, and consequently deny me for my disability.

Reason given to me for the denial was that the second opinion was, I quote, "more persuasive".

So much for the "equipoise" rule, as both the examiners were Physician Assistants,AND no matter that the second examiner's rationale was full of false statements contradicted by service treatment records.

 

The VA run, Whitehouse Hotline was of no help to me.

Not sure if anyone has had better results.

 

Someone from there called me to perform an inquiry.

I went over the details of my claim denial with this person, and was told he didn't have the authority to change my decision, but that it looked like I had a good chance on winning my appeal.

 

I'd rather be told the truth by this person than have him make false promises.

I thanked him for his help, anyway.

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