Can a DROC overturn a BVA decision?

[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.

 

Edited May 25, 2022 by 63Charlie

[63Charlie]

Also, what is an "at once exam" to determine my level of disability?

Should I believe in Unicorns and other magical creatures to go along with the DRO statement?

[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 now. You may have a case but I would expect you will need a lawyer for arguing the effective date. Tinnitus was one of the 3 disabilities that the VA asked for input on a change to the code in February. 

[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 when the board granted me SC for both sinusitis and chronic allergic rhinitis. Instead of getting both as separate ratings, they merged them and granted the higher of the two per the stupid pyramiding rule.

[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 moot.  

However, you did not post the Regional office rating disability combined percentages, so maybe this is the part which is incorrect.  

Of course, its true that the VARO can not "over rule" BVA decisions, and must abide with them.  But, what I dont see is any difference in your combined ratings, this is likely because you did not post those VARO combined percentages.  

Im a big believer in "case or controversy".  100 percent = 100 percent.  Exceptions:

1.  If it would affect your SMC, such as make you eligible for "100 plus 60" combined SMC.  

2.  Sometimes it could make a difference in DIC for your family.  This would mean you would be likely to die from Meniere's disease or tinnitus.  According to "family doctor" which I checked online, Meniere's disease is not fatal.  

3.  Effective date(s).  

Thus, if it does not affect your overall compensation or DIC, I would simply ignore this error.  

"If" however, it could mean extra bucks for you or your family, then I would certainly appeal, citing your arguments you described.  

Edited May 25, 2022 by broncovet

[Dustoff1970]

Very good answers by Vync and Broconvet.  Yes Sir.

[Richard1954]

I have a different opinion. While you are rated 100% as was stated by someone else,  the decision will not add or reduce any compensation but.... what about the future? Look I started with a 30% rating in 1986 and now regardless of compensation, I have one combined 100% rating, a TDIU rating and a 100% rating for a single issue. In my case, along the way I picked up some SMC's.  Reading your letter. I did not know what DROC meant so I looked it up  : M21-5, Chapter 3, Section A, Decision Review Operations Center (DROC) Quality Review Team (QRT)

Apparently the award was reviewed by a team of "specialist" and they decided you could not have two awards. But this is a change in the rating guidelines that recently happend, its not special to your case. The VA has decided not to award Tinnius speerately , using the reasoning that tinnius is caused by hearing problems and is not an actual stand alone disease. They proposed to give veterans with a 0% hearing loss and tinnitis a combined 10% rating. This is in the new rating guidelines.There is more to the new guidelines than this alone, but I cannot remember them all right now.   I am not well versed on meniers disease, other than its a disease of the innner ear, so to me, based on the new rating guidelines this is a valid rating. 

Fiinally, getting back to my first pargraph, that 30% rating may not mean much now, but in the future the rating could increase, and/or you might aquire other ratings, that would net SMC's. I have always advocated going for every service connected rating you can get. In my case it has paid off well.