Is this a bad thing?

[63Charlie]

Here's how it began.

Three years ago I filed claims for tinnitus and hearing loss.

 

I got a negative nexus opinion for service connection by an Orlando VA contracted audiologist.

This doctor made false statements and formed his rationale from those which directly contradicted my service treatment record results of two pure tone hearing tests.

In other words, he wrongfully stated that I had normal hearing in service with no hearing loss, and no threshold shifts, dizziness but not true vertigo,.and no ear trouble

All false statements directly contradicted by the service records.

 

My hearing loss is mild and it doesn't meet VA criteria for a disability.

I didn't know that then when I filed for hearing loss.

 

In November, 2018 I filed a new claim for Menieres Disease.

I was sent to a lousy Orlando LHI C&P nurse practitioner that provided a negative nexus opinion.

I complained about the incompetence of the provided examiner.

 

Later I called VA and was told I would be getting an IMO by a specialist contracted by the VA for the determination of service connection.

 

I called Peggy this week and was told that the Meniere's Disease has now been combined with the hearing loss and tinnitus appeal from 3 years ago

 

My question is this legal error(VA trickery), by combining these claims together as I know my hearing loss doesn't qualify for benefits, but it is a symptom of Menieres Disease

The tinnitus is also a symptom of Meneires Disease.

I didn't know I had Menieres Disease three years ago when I filed the hearing loss/tinnitus claims and I never claimed Menieres Disease.

 

I should get a letter soon per Peggy to tell me the reason for this decision.

I feel this is some sort of crooked trick they are trying to pull on me.

Edited February 15, 2019 by 63Charlie

[JKWilliamsSr]

If the disabilities they are combining Meniere's Disease with are not service connected then I will have to say that it is not a good thing.   I think they are going to try and say that Meniere's Disease and Tinnitus are the same thing.  I googled the disease  and this is what I found:

https://www.healthyhearing.com/help/tinnitus/menieres-disease - This site says they are the same thing

but....these two sites state that Tinnitus is a symptom that can be a part of Meniere's Disease but does not make a note of them being the same

https://www.webmd.com/brain/what-is-meniere-disease#1

https://www.mayoclinic.org/diseases-conditions/menieres-disease/symptoms-causes/syc-20374910

It appears the VA has Meniere's Disease separate to Tinnitus but I guess it all depends on who does the exam and who is rating.   Here is link to a thread here on Hadit that discussed the two

 

Edited February 15, 2019 by JKWilliamsSr
typo correction

[vetquest]

You will have to wait and see if they are going to declare the Menieres service connected.  If they do, good.  If they do not I would say they are doing a number on you.

Edited February 15, 2019 by vetquest

[Buck52]

63Charlie

 Did you show a loss of hearing? you can get hearing loss service connected at 0%  then has your hearing worsens  file for increase.

Tinnitus is related to hearing loss  any type hearing loss.

  Noise Induced hearing loss is when you hear loud sudden noise  weapons fired , IED, Rocket/Mortar fire' AIRCRAFT NOISE/machinery  ect,,ect,, if you were around loud noses while in the military  you need to claim Noise induced Hearing loss.

If you were 63B-20 Wheel Vehicle Mechanic, Back fire Noise will cause your hearing to go bad 63-C 20 tank Mechanic  any kind of loud sudden Noise, but it takes time to lose your hearing   years and years /THERE IS REALLY NO SET TIME FOR HEARING LOSS IT JUST HAPPENS OVER TIME WHEN THE INSIDE OF THE EAR DRUM IS DAMAGED DUE TO THE LOUD SUDDEN NOISE  & eventually it will get worse a lot worse  , so even if you showed no hearing loss at time of separation, you can still lose your Hearing over the years and get it service connected and a rating giving  using the Noise Induced Bilateral factor  you just need to be given a honest hearing test.

After service connection is established then this is when hearing loss is some what easier to get a rating...but keep in mind Hearing loss needs to be pretty Bad to just get a 10%   or 50% you need to be damn near deaf  according to the VA hearing loss criteria.

You may need to get a  State Licenses certified Private Audiologist to re test your hearing and use the VA Guidelines using the Maryland CNC  CD word discrimination test, both ears to be tested and one ear at a time. ask the Dr to write you up his/her professional  medical opinion connecting the Bilateral noise induced hearing loss TO YOUR MILITARY DAYS.

''stating  the Dr opinion is likely as not caused by your military service from your MOS or what ever loud noise you were around during your military term as active Duty. (what ever loud noise you were around?)   even the rifle range can cause noise induced hearing loss.

  Most military installation do not provide hearing protection.  if they did  it will be documented./THEY MAY HAVE HAD THE EAR PROTECTION ..BUT MOST OF THE TIME THEY NEVER BOTHERED TO GET THEM OUT AND SUPPLY EVERY SOLIDER WITH THEM. ..This is the US MARINES /US Army .US Navy, or US Air Force /and US Coast Guard.  even weekend worriers   National Guard. 

[63Charlie]

16 hours ago, vetquest said:

You will have to wait and see if they are going to declare the Menieres service connected.  If they do, good.  If they do not I would say they are doing a number on you.

Since it appears the RO combined the recent Menieres claim with a three year old APPEAL for hearing loss/tinnitus, I will consider that a denial of my Menieres claim.

I'm certain this has gone the way of denial as most of the other claims.

Waiting on the letter to come in the snail mail.

 

The VA will ignore my probable evidence for service connection, and use bad C&P examiner's opinions to build unfavorable evidence to deny.

It is a well established pattern I am all too familiar with

.

I'm opting into the RAMP, or whatever the new system will be called, and take my appeals directly to the BVA.

I will be much happier without the so-called duty to assist at the RO level.

 

I will fight back with multiple IME opinions.

I can't let them steal from me and get away with it.

Edited February 16, 2019 by 63Charlie

[63Charlie]

8 hours ago, Buck52 said:

63Charlie

 Did you show a loss of hearing? you can get hearing loss service connected at 0%  then has your hearing worsens  file for increase.

Tinnitus is related to hearing loss  any type hearing loss.

  Noise Induced hearing loss is when you hear loud sudden noise  weapons fired , IED, Rocket/Mortar fire' AIRCRAFT NOISE/machinery  ect,,ect,, if you were around loud noses while in the military  you need to claim Noise induced Hearing loss.

If you were 63B-20 Wheel Vehicle Mechanic, Back fire Noise will cause your hearing to go bad 63-C 20 tank Mechanic  any kind of loud sudden Noise, but it takes time to lose your hearing   years and years /THERE IS REALLY NO SET TIME FOR HEARING LOSS IT JUST HAPPENS OVER TIME WHEN THE INSIDE OF THE EAR DRUM IS DAMAGED DUE TO THE LOUD SUDDEN NOISE  & eventually it will get worse a lot worse  , so even if you showed no hearing loss at time of separation, you can still lose your Hearing over the years and get it service connected and a rating giving  using the Noise Induced Bilateral factor  you just need to be given a honest hearing test.

After service connection is established then this is when hearing loss is some what easier to get a rating...but keep in mind Hearing loss needs to be pretty Bad to just get a 10%   or 50% you need to be damn near deaf  according to the VA hearing loss criteria.

You may need to get a  State Licenses certified Private Audiologist to re test your hearing and use the VA Guidelines using the Maryland CNC  CD word discrimination test, both ears to be tested and one ear at a time. ask the Dr to write you up his/her professional  medical opinion connecting the Bilateral noise induced hearing loss TO YOUR MILITARY DAYS.

''stating  the Dr opinion is likely as not caused by your military service from your MOS or what ever loud noise you were around during your military term as active Duty. (what ever loud noise you were around?)   even the rifle range can cause noise induced hearing loss.

  Most military installation do not provide hearing protection.  if they did  it will be documented./THEY MAY HAVE HAD THE EAR PROTECTION ..BUT MOST OF THE TIME THEY NEVER BOTHERED TO GET THEM OUT AND SUPPLY EVERY SOLIDER WITH THEM. ..This is the US MARINES /US Army .US Navy, or US Air Force /and US Coast Guard.  even weekend worriers   National Guard. 

My final separation physical showed low frequency hearing loss.

I had ear pain.

I had dizziness.

I had multiple significant threshold shifts at low frequency.

A chronicity of symptoms relating to Menieres Disease, without a diagnosis, is shown in my STRs spanning 1.5 years of my two year stint active duty as a M113, APC, tracked vehicle mechanic in mechanized infantry.

I am service connected for a chronic condition called allergic rhinitis that, according to the Merck Manual, places one at risk of acquiring Meniere's Disease.

 

The Army PA that did my separation physical was a devil.

He was my treating physician in Germany.

 

In BOLD letters on my medical records jacket, it was shown I was ALLERGIC TO TETRACYCLINE.

And the drug allergy was noted in the medical notes by different providers when I was treated for allergy symptoms prior to treatment by the PA in Germany..

The PA prescribed tetracycline for me and I became very sick.

 

The Army had previously prescribed Spenco arch supports. I had multiple past chronic complaints/treatment for foot and ankle problems that were not mentioned on the separation physical.

The PA didn't examine my feet or he would have known I was wearing arch supports in my combat boots, dating back to boot camp.

We had no running shoes back in 1979 and the infantry loves to run.

I had posterior tibial tendon tendinitis due to overuse injury from running, but that condition was never diagnosed.

My arches were falling and my feet were getting wider/flatter as my combat boots became uncomfortable as they were no longer the wide enough.

Flat foot was never diagnosed in service but I received treatment for it(arch supports).

 

That is when I started to acquire ingrown toenails on my big toes and had surgery(toe nail removal/wedging) for those. Not noted on my separation exam.

 

I had a weight lifting injury in AIT where I injured my spine. No xrays were done for my injury. There was no mention of this spine injury on the separation exam.

 

I had medical treatment for anxiety and depression, also not diagnosed, that was not noted on the separation physical.

 

My hearing loss/threshold shifts on hearing tests were not noted on the separation physical either.

 

Neither were my lung field calcifications , bilaterally, noted by the PA on the separation physical. I never smoked.

 

I contracted beta strep that was allowed to progress untreated without being prescribed an antibiotic regimen for about a year while this PA kept diagnosing me with flu-like syndrome as my health deteriorated.

I found the record where the PA  signed off on  positive strep throat culture results that showed beta strep yet he never diagnosed it or timely treated me for the strep infection.

My chest continued to hurt, I was wheezing, and my pulse rate became rapid, and then  finally my blood pressure elevated to 185/105.

I started having kidney problems, residual of strep, look it up.

That is when this  PA decided to put me on Ampicillin, this being about a year later after the strep onset.

 

This is all in my STRs.

 

As I was overseas , I had no access to outside civilian doctors.

I was at the mercy of Dr Jekyll.

 

I didn't know anything about disability benefits when I left the service.

Now I know why the separation physical didn't document my medical problems.

My separation exam was basically a big old F U.

Had I had a diagnosis in service for these conditions, it would be so much easier to establish a nexus for service connection.

VA doctors have pulled this same crap on me by treating symptoms but not diagnosing the condition they are treating.

They too know that a claim requires a diagnosis of a condition.

 

Edited February 16, 2019 by 63Charlie

[Buck52]

63 Charlie

 

Not sure you filed claims for all the above? or was denied? lack of no diagnose?

if you have all these symptoms in your STR's  you need to get a IMO/IME and ask the Dr *specialist *  to read your records in the conditions your claiming  to give his/her medical opinion  that it is like as not your conditions you had while in the military  is to be related and caused by your prior military service , that he has read your STR's   ect,,,ect,,, the Dr needs to go into details about your conditions,and give you the diagnose  but the diagnose should have been dx back while you were in the service and the P.A. Failed to do that  ect,,ect,,, if you have these medical records ...then use them as evidence with your claim..file on all of them at once  if you have 5 conditions  then you may get 2  S.C. BUT it starts your EED on all the conditions you file for when you do win these claims, if you were in Combat  then the depression and or PTSD should be filed on  if you have the symptoms a VA mh Dr should dx you with any mental health disorders....you may need more than one IMO/IME but sounds like you may end up getting 100% P&T...

if you have filed on these and been denied  hopefully you kept your time line Appeals going  if not the reopen these claims and keel trying.

It's unfortunate that we have to get these private IMO's BUT ITS ALL WORTH IT  WHEN YOU HIT THE 100% AND POSSIBLY SMC''s