BVA Grants Service Connection Yesterday

[63Charlie]

I won service connection for Meniere's Disease, and Tinnitus after several years long battle.

 

I anticipate that the next thing will be the typical VARO lowball rating decision which will trigger a new appeal.

 

Curious as to why the BVA judge failed to order a new C&P exam for MD/Tinnitus after granting service connection?

 

I'll never understand the reasoning for the backwards way the VA does things.

 

I had multiple other issues remanded back to the VARO funhouse for new C&P exams to determine service connection, including one for hearing loss.

 

Edited May 10, 2022 by 63Charlie

[Tbird]

@63CharlieGreat news!

[63Charlie]

 

Dr. Ellis' IME performed in Oklahoma City won the grant for service connection.

Dr. Ellis stated my symptoms met the criteria for a 60% rating.

 

The VARO and the BVA ignored this IME.

 Appealed their BS decisions, and kicked BOTH their asses at the CAVC.

 

They begrudgingly had no choice but to grant service connection.

 

As I predicted, the VARO gave me the lowest possible rating for MD @ 30%.

 

I have never been sent to a C&P exam for MD.

The BVA didn't order one, so the VARO didn't provide one.

 

The big question...do I want to appeal this?

 

Edited May 19, 2022 by 63Charlie

[63Charlie]

Also won a remand at the CAVC for service connection on my limp noodle syndrome.

Bet this will be a hoot!

Judge at the Board said no pencil whipping allowed by the VARO this time.

Makes me feel kind of like a boss.

I'm sure the VARO will make the utmost effort to disappoint me.

Edited May 19, 2022 by 63Charlie

[Riplip]

I'm surprised you didn't have a C&P for MD. I am having my second C&P for it next week. I meet the criteria for 100% so they are going to work me hard. I don't have it SC yet but I have one of the best Drs. at Boston Hospital Mass Eye and Ear state that my inner ear damage from the military is the only ideology so I'm hoping thats enough. My hearing, tinnitus and vestibular disorder is all service connected. We will see. If you meet the criteria for a higher rating then go for it but I understand. Its taken me 2 years to decide to get the Menieres connected. Good luck and congrats on all the positive so far. 

[Whodat]

1 hour ago, 63Charlie said:

 

Dr. Ellis' IME performed in Oklahoma City won the grant for service connection.

Dr. Ellis stated my symptoms met the criteria for a 60% rating.

 

The VARO and the BVA ignored this IME.

 Appealed their BS decisions, and kicked BOTH their asses at the CAVC.

 

They begrudgingly had no choice but to grant service connection.

 

As I predicted, the VARO gave me the lowest possible rating for MD @ 30%.

 

I have never been sent to a C&P exam for MD.

The BVA didn't order one, so the VARO didn't provide one.

 

The big question...do I want to appeal this?

 

Absolutely. You should appeal it. They had probably went off an old c&p exam that qualifies you for 30%.

[Whodat]

19 minutes ago, Riplip said:

I'm surprised you didn't have a C&P for MD. I am having my second C&P for it next week. I meet the criteria for 100% so they are going to work me hard. I don't have it SC yet but I have one of the best Drs. at Boston Hospital Mass Eye and Ear state that my inner ear damage from the military is the only ideology so I'm hoping thats enough. My hearing, tinnitus and vestibular disorder is all service connected. We will see. If you meet the criteria for a higher rating then go for it but I understand. Its taken me 2 years to decide to get the Menieres connected. Good luck and congrats on all the positive so far. 

@Riplip in my opinion, I would get a DBQ completed from your doctor for your condition being that your doc is a specialist. As we all know how the VA controls c&p exams.