Claim to appeal in 2017. New claim in 2019 added to 2017 appeal, questions

[FlyboyLeRoy]

Summarizing my issue: 2017 claim to appeal for my ear. 4/2019 claim for more ear issues  and a letter sent back saying this will be processed with my 2017 appeal. Diagnosed with Ménière’s per va, and civilian ent and c&p exam concurs and believes 50% or greater from service.  Within a month the privacy act section  is added to my Ebenefits. I was told my most recent claim can’t close until my appeal is Closed also. I checked today and just saw this, any insights? Ebenefits still reads •reads 10%. Any tips on what anthing ? Thank you 

[GBArmy]

First of all, don't trust ebennies; it can be wrong or not be updated. You have to see what the decision letter says. But if it is rated at 10%, I think they are using diagnostic code 6204,which is NOT Menieres disease. For MD, code 6205, it give ratings of 30, 60, and 100%. Check the codes and see if you meet those symptoms. Then check the C&P exam, and see if those symptoms are called out. The test for MD is quite pronounced; you just about have to stand on your head for them to diagnose, so if you didn't get that test, you won't get that rating. It wouldn't be a surprise if they low-balled you.The VA should have tested you for MD as well as the more common hearing problem.

[FlyboyLeRoy]

1 hour ago, GBArmy said:

First of all, don't trust ebennies; it can be wrong or not be updated. You have to see what the decision letter says. But if it is rated at 10%, I think they are using diagnostic code 6204,which is NOT Menieres disease. For MD, code 6205, it give ratings of 30, 60, and 100%. Check the codes and see if you meet those symptoms. Then check the C&P exam, and see if those symptoms are called out. The test for MD is quite pronounced; you just about have to stand on your head for them to diagnose, so if you didn't get that test, you won't get that rating. It wouldn't be a surprise if they low-balled you.The VA should have tested you for MD as well as the more common hearing problem.

I currently am at 10% for tinnitus and 0% for hearing loss and eustachian tube dysfunction. I do meet all of those symptoms and on my c&p all criteria is met per the appropriate codes, and cfr 38. Civilian ENT did dbq/nexus and agree 50% greater from service and my c&p examiner states that same. No profound test was done since meniers is autoimmune and based off of symptoms and treated with medication.

[GBArmy]

Well, FlyboyLeRoy, you are looking to get what I would call a significant disability rating of 50%. Whenever a veteran is looking for that kind of higher rating, the VA seems to work very hard to deny and/or delay. If your doc, an ENT, diagnosed specifically it was MD, and it WAS more likely than not the cause, it should be equiposed. You really need to see the decision in writing to see how to proceed. Keep us informed