I am building a case to file for Menieres Disease and I need a vertigo claim approved.
In 2006 I filed for vertigo that began in non combat at Fort Leonard Wood in 2002, I have many documents stating the diagnosis was vertigo.
It got worse in 2003 after two TBI events in Iraq. After Iraq I sought treatment and was diagnosed with PTSD with panic attacks.
During the 2006 C&P the doctor claims I stated that it feels like the vertigo attacks come while I'm having a panic attack. I doubt I said this, but whatever. Also the vertigo started a year before I went to Iraq, so they should not be conflated.
So the VA denied my claim for vertigo saying I stated the vertigo attacks come with the panic attacks, and so should be considered under the mental health rating for PTSD.
I'd like to file a CUE, that the VA took a lay diagnosis (mine, that they were panic attacks) over multiple doctor diagnoses of vertigo. Can I file a CUE for this?
I'll also stress in my planned CUE filing that the vertigo began (and was diagnosed by mail doctors) a year before any combat.
Question
Bunny448
Good day,
I am building a case to file for Menieres Disease and I need a vertigo claim approved.
In 2006 I filed for vertigo that began in non combat at Fort Leonard Wood in 2002, I have many documents stating the diagnosis was vertigo.
It got worse in 2003 after two TBI events in Iraq. After Iraq I sought treatment and was diagnosed with PTSD with panic attacks.
During the 2006 C&P the doctor claims I stated that it feels like the vertigo attacks come while I'm having a panic attack. I doubt I said this, but whatever. Also the vertigo started a year before I went to Iraq, so they should not be conflated.
So the VA denied my claim for vertigo saying I stated the vertigo attacks come with the panic attacks, and so should be considered under the mental health rating for PTSD.
I'd like to file a CUE, that the VA took a lay diagnosis (mine, that they were panic attacks) over multiple doctor diagnoses of vertigo. Can I file a CUE for this?
I'll also stress in my planned CUE filing that the vertigo began (and was diagnosed by mail doctors) a year before any combat.
Thank you for any input!
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Dustoff1970
Although I won a CUE claim in 2003 before the U.S. CAVC veterans court representing myself pro se it was a long hard fought battle but satisfying. Winning a CUE claim by anyone including veterans
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