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

[broncovet]

VSO's and VA "want you to think" if you apply for an increase, you will be reduced instead.  You dont have to take my advice, you can take your VSO's instead and "settle in" for less than you deserve because you are afraid of a reduction.  "Fear" of reduction is a big motivator, and it works wonders in getting Vets to take less.  

Attorney's use that fear tactic all the time. "You better take this settlement or you wont get anything."  

Just make a decision using rationale thinking rather than fear thinking.  Many people make bad decisions while in panic mode.  

As I explained earlier, worst case senario is that (unless you have improved), you apply and they dont increase you. (Even then, you can appeal)  Rememember VA has a duty to give you the maximum benefit when you qualify for more than one.  Example:  I qualified for pension and compensation.  I got the better of the 2.  My decision says that.  

I do agree if you are doing this "just to get a schedular" 100 percent (instead of tdiu), its probably not worth it.  If you cant work (due to sc disabilities) then apply for tdiu.  

[Vync]

I agree with @broncovet's assessment.

Many VSO's are simply overwhelmed. I noticed that the busier offices tend to take a minimalist approach and try to convince some veterans that something is better than nothing.

My first VSO was one of those. My claim consisted of one sentence listing the conditions. When the award letter arrived after five years of appealing, they told me that the VA went over everything and this was as good as it was going to get. Fast forward to this year and I filed a CUE on two of the points in the rating decision because the VA made obvious errors and failed to apply the law properly back then. No idea how many hours were spent researching, pondering, discussing the issues, but I just don't see a regular VSO taking that amount of time to go over everything just to ensure the veteran receives an accurate and fair rating. They simply don't have that much time available to do that for every veteran.

[Buck52]

1 hour ago, GBArmy said:

I guess I'm a little dense this morning (or any morning for that matter): I understand about the VA reduction process. What I am concerned about is you can rate M by itself or, with a combo of the other three separately. He already has the rating for 3 separately. Because of pyramiding, he can't claim those AND go after a disability for M. IMO. He can if rating is higher, say 100%, then I assume that he has to give up the other 3. If M is evaluated and comes out to be less that his current combined disability rating of 80%?., do they rate M as 0%.

Don't feel bad GB  

I maybe all wrong here.

[Riplip]

OK thanks guys. I have some pondering to do.....