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Can a DROC overturn a BVA decision?
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Question
63Charlie
The Board decided my tinnitis claim is rated at 10%, effective date April, 2016.
The Board decided my Meniere's Disease is rated at 30%, effective date July, 2018.
Based on what I understand, after these favorable Board decisions, along comes a DROC under Section 1., "Reasons For Decision", and invalidates the Board's 10% tinnitus rating stating it is "stopped", and that my separate tinnitis rating is now combined with my Meniere's Disease 30% rating, effective July, 2018.
I'm attaching files for peer review and opinions.
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broncovet
Maybe its me who "missed" something here. This says you have been 100 percent since 2015, and continue the same. "Other than" SMC, you can not be rated over 100 percent. So, this would appear to be
GBArmy
38cfr4.87 says under 6260 that tinnitus can be a symptom of another ear disability, i.e. meneire's disease. I think you must look at the cfr when your decisions were made and see if there is a change
Vync
Another approach is pyramiding. Yes, they granted you SC for both, but under pyramiding they would only compensate you based on the higher rating percentage of the two. I ran into the same garbage whe
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