Menieres Disease Claim

[Globe2280]

So I had my general C&P exams done by a QTC General Practice Doc. I went in, he started as expected and went down the list of conditions while asking me questions about them. Here is where it becomes odd. After finishing the Muscle Skeletal exam (ROM) he ended the exam without talking about my boardable condition which is Menieres Disease. Not a single question was asked. While exiting I asked him about it and he said that he will look at the treatment records. Fast forward 5 days, I call QTC's front desk and ask about the results and voiced my concerns. The lady pulled up the DBQ and as I had and told me hat the doc selected VERTIGO, HEARING IMPAIRMENT, TINNITUS, STAGGERING. Unfortunately he did NOT select hearing impairent associated with vertigo and CEREBELLAR GAIT, which is essential for a rating above 30%. So I faxed then my private ENT Doc's memo that states that I have ATAXIC GAIT during episodes. The next they the lady spoke with the Doc and he told her that the file had already been submitted. The DBQ does mention staggering and gait issues, but he did not select Cerebellar gait. Does anyone have advice in what I could do at this point to prove the CEREBELLAR GAIT? Any advice is much appreciated !

 

 

[GBArmy]

Globe 2280 If your evidence calls out c-gate and it is a specific required symptom for the diagnostic code, the examiner should have addressed it. Routine way the VA leaves out critical evidence which results in a lower rating. I would call the RO and tell them you where short changed, tell him you asked him at the end of the exam and he was going to take care of it (and didn't),  and want a new C&P exam as the last one was inadequate. Call Monday. If they refuse, put in a HLR appeal.