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Meniere's - A Better claim as primary or secondary?

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Marineleo

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I was just diagnosed with Meniere's after years of having periodic dizziness and vertigo that has gotten progressively worse and more frequent.  I am already service connected for bilateral hearing loss and tinnitus. (Ironically I had never even heard of Meniere's until about a year ago when I was doing the exams to get the service connection for the tinnitus and when I mentioned the dizziness to the audiologist she said I should have more testing to see if it was Meniere's).  My question is when I file the claim, should I file it as primary, secondary to the hearing loss and tinnitus, or both?  

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  • HadIt.com Elder

Marineleo Miniere's is no joke; sorry to hear you have it. It is rated under diagnostic code 6205. Kinda depends on if you have other disabilities as well see https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_87.doc

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Dont burn down a bridge, "just because" you plan on taking a different bridge.  You may want to go back across that bridge!

    There is no reason to "limit" your claim to primary OR secondary.  Why do that?  When you applied, did you state that I want to apply for All disabilities, except for SMC or TDIU?  No.  You want to get the maximum.  

      Without reading your file AND being able to predict what your "future doctors" say, we cant be sure which one, so apply for both.  

      Example:  If you limit it to "secondary to hearing loss" your doctor could well opine it has nothing to do with hearing loss, so you start over.  Or, if you limit it to "primary", again your doc could state its secondary to hearing loss. 

     In actuallity, the VA has to consider you for primary, (aka direct), secondary, presumptive SC conditions.  But, if YOU insist on one of these three, to the exclusion of others, you could be cutting your own throat.  

      When someone owes you money, do you insist:  "Well, that money has to be principal, not interest, not dividends, and not lottery winnings.  ?   I dont think so.  You just want them to pay you and let them worry about where the money comes from.  Ditto for VA.  Just apply for "primary, secondary, or presumptive, as the record may show in the maximum amount the law will permit."  

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Marineleo, just file your MD claim and like Broncovet stated, let the VA sort it out.

I too filed a claim for tinnitus and hearing loss BEFORE knowing anything about Meniere's Disease.

Fortunately, another vet on here mentioned a MD appeal.

I went to a doc and was diagnosed with MD myself.

I filed a claim.

VA intertwined my MD claim with my tinnitus/hearing loss appeal.

Been almost five years and still haven't gotten a BVA decision.

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