Don't know what to do with a Menieres claim

[Riplip]

So I am asking the Menieres gurus here about my situation. I have 70% bilat. hearing loss, tinnitus @ 10% and vestibular disorder rated at 30%(max). I have a diagnosis from a specialist that the VA sent me to outside of the VA stating I have bilat. Menieres. I think I want to claim the meneires because of how bad it is and I believe I could get more than the vestibular disorder and get me up to 100%. I'm nervous about making waves and opening up a can for the VA to somehow mess with my rating. Just wondering what others would do really just for thoughts. I don't think I have anything to lose but also I have no trust in the VA. Thank you

[Riplip]

Vync, I don't think it goes under a increase because it would be its own disability. I could be wrong but I was told it would be better if I left well enough alone at the moment. 

[broncovet]

The "dont apply for an increase, you will be reduced instead" hypothesis is very prevelant among VSO's mostly for ONE reason:  Laziness.  Its in conflict with the regulations, as the following will show:

Quote

https://www.law.cornell.edu/cfr/text/38/3.344

Based upon the assumption that you have a permanent rating (over 5 years or P and T), 

(paraphrasing, read it yourself):

The VA can not reduce you UNLESS you have "actual improvement under ordinary conditions of life".  In other words they can not reduce you if medication helps, or if you wear hearing aids which helps you.  Further, in order to reduce you they have to have an exam at least as thorough as the one you were rated for it.  

In a nutshell, UNLESS your condition has improved, you need not fear a reduction.  

Now, go ahead and choose whether or not to follow your VSO, or to follow hadit members/moderators who use regulations to back up our opinions.  

Ask your DAV to cite regulations which state you can be reduced if you apply for an increase.  

In the next couple years, I should be able to calculate exactly "how much" the bad advice of VSO's has cost me over the years.  Its a lot.  

 

[Riplip]

I read that. I also agree with you and feel the people here are to be trusted more than the VSO. I have not had my disabilities for 5 years yet. The way he explained it to me was I have hearing loss 70% peripheral disorder 30%, tinnitus 10% and MH 50%. If I go for Meniere's which includes hearing, peripheral, and tinnitus then whatever I would get for Meniere's would replace those 3 rating? Meniere's has 3 ratings 30, 60, and 100. If I don't get the 100 rating then I would be losing money. Does that make sense or since my other 3 are more together then they would side on that instead even if it was SC? 

[Vync]

1 hour ago, Riplip said:

Vync, I don't think it goes under a increase because it would be its own disability. I could be wrong but I was told it would be better if I left well enough alone at the moment. 

My apologies. I was under the assumption that it was already SC.

[Vync]

15 minutes ago, Riplip said:

I read that. I also agree with you and feel the people here are to be trusted more than the VSO. 

@broncovet provided some really good information.

I also agree that often better information comes from members than some of the VSO's. I view VSO's are like the disclaimer used by attorneys, "no guarantee representation is better than representation by other attorneys". However, there are some very good reasons to still stay on board with a VSO or other certified representative.

1. If they have access to VBMS, they can peek under the hood and see things that we veterans normally do not see

2. When filing a claim, I prefer to do all my own research first. Before mailing the claim off, I'll take the packet of documentation to the VSO and ask them to review it. Normally, they tell me it is great.

3. If you become incapacitated, they can help. I had a heart attack earlier this year and had bad brain fog. They helped me file a couple of claims.

[broncovet]

38 CFR 3.105 requires the VA give you NOTICE of a proposed reduction.  

See section e, below.  

IF, in fact, your pre menieres rating  was LOWER than after being rated for meniere's (I doubt that), you have the option of withdrawing your claim and keep your present rating after you got a proposed reduction.

Quote

d) Severance of service connection. Subject to the limitations contained in §§ 3.114 and 3.957, service connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being upon the Government). (Where service connection is severed because of a change in or interpretation of a law or Department of Veterans Affairs issue, the provisions of § 3.114 are for application.) A change in diagnosis may be accepted as a basis for severance action if the examining physician or physicians or other proper medical authority certifies that, in the light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous. This certification must be accompanied by a summary of the facts, findings, and reasons supporting the conclusion. When severance of service connection is considered warranted, a rating proposing severance will be prepared setting forth all material facts and reasons. The claimant will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor and will be given 60 days for the presentation of additional evidence to show that service connection should be maintained. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued, if in order, effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(Authority: 38 U.S.C. 5112(b)(6))

(e) Reduction in evaluation - compensation. Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons. The beneficiary will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence to show that compensation payments should be continued at their present level. Unless otherwise provided in paragraph (i) of this section, if additional evidence is not received within that period, final rating action will be taken and the award will be reduced or discontinued effective the last day of the month in which a 60-day period from the date of notice to the beneficiary of the final rating action expires.

(Authority: 38 U.S.C. 5112(b)(6))

You have nothing to lose applying for an increase, or you can make less work for your VSO and "settle in" for less than the maximum rating you deserve.