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Hearing Loss, Vertigo, Meniere's


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#1 kkp

 
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Posted 02 February 2007 - 11:22 AM

The following is a list of the evidence I am sending with my claim:
3. from Dr. L dated September 9, 1993.
4. Reports from Dr. L dated March 24, 1995.
5. CT scan dated 9/9/04
6. MRl dated 11/20/04.
1. Separation examination hearing test
2. Letter creating nexus from hearing damage in military to date from M.A.,CCC-A
M.A, Hearing Center dated 12/22/06 ..
7. Hearing graph from V A Hospital dated 5/10/05.
8. Hearing graph from Dr. A. , dated 8/25/04.
9. Hearing graph from --- Hearing Center dated 8/27/01.
10. Hearing graph from ---- Hearing Center dated 7/12/02.
11. Hearing graph from ---Hearing Center dated 1/1/01.
12. Hearing graph from A. ---- Jr., MD dated 9/23/92. 9. Military records dated May 1963.
13. Military records dated September 20, 1963.
14. Military records dated August 20, 1965.
15. Reports from Dr. l--- dated May 13, 1980.
16. Reports from Dr. L---- dated May 19, 1981
17. Reports from Dr. L---dated September 29, 1988.
18. Reports VA Hospital- 11/2/05
19. VA Hospital- 5/1 0/05
20. VA Hospital-1O/27/05 22. VA Hospital- 2/15/06 23 . VA Hospital - 4/10/06
21. VA Hospital- 6/30/06
22. VA Hospital- 9/13/02



I, ---------, was in the Army from 1962 through 1965 My Army Serial Number is ---------. My MOS was a rifleman for one year and a machine gunner for two years. I probably shot 1000+ ammo boxes of 30-caliber machine gun shells. My ears have been ringing since I became a machine gunner. My left ear has never ceased to ring. I have spells of vertigo dating back to 1963 but I can't prove it because only candies went to the dispensary from my outfit. My family doctor from 1966 to 1980 died and we cannot get his records but I do have records from 1980 to date that describes hearing loss, vertigo, Meniere's Disease, and all of these symptoms severe since 1985. I am presently being treated at the V A Hospital for all of the above.
At the present time I stagger, I can't ride elevators, I can't fly, and I can't ride in an automobile unless I am driving and then there can't be any curvy roads. My left ear rings constantly, I can hardly understand anything that most people say and I get sick looking at wall paper with various colors and even shadows from trees across the highway while driving. When I turn over in bed, at times I get sick. If I am startled and have to turn my head to the left or to the right quickly, I will fall in that direction. If I look up, I fall backwards. However, I can look down. I can hardly watch sports on TV because of the movements of the players in so many directions at one time plus the colors of the uniforms make me sick. I can go on but I think you get the point. My best time is sitting straight up in a straight back chair.
Sincerely,
~~~~



, MA --------- HEARING CENTER

Dec. 22, 2006
RE:---------------------
!mr. ----------------- has hearing loss, tinnitus and vertigo. Fact: MR.----------------- complained of healing loss while actively serving in the military as evidenced by his records in may, 1964, Fact: mr Persinger first cornplained of dizziness after 1 year in the military during an exam 20 September 1963. Fact: mr------ exhibited hearing loss at his separation examination. Fact: mr------------ was exposed to noise while in the Army at levels that could cause hearing loss. Fact: mr---------- was diagnosed with Meniere's disease with symptoms dating back to the Army. Fact: :Mr. ---------'S hearing has continued to decrease as evidenced by his audiograms which is consistent with Meniere's disease .
. -
It is highly probable to this daim of the nexus between service and his current medical condition. In my opinion, the currently existing medical conditions of hearing loss, vertigo, tinnitus and diagnosed meniere's disease are related to an injury, disease or event occurring during the veteran's military service.

-------------------- m.A.,CCC-A


I have a case before the rating board now, but was advised to go ahead and file this claim. As can be seen I am not to good at copy and pasting, as1 through 6 proves

The first page is a cover sheet and I sent documentatin of everything. I verified it was put in the ro's computer on the 27th of jan 2007.
I thought that perhaps this could help someone else in preparing a claim. This along with corrections by you Guys.


kkp

#2 rdawg

 
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Posted 02 February 2007 - 11:55 AM

nice work. Unless the VA can find an intercurrent cause (you know, when you were a machine gunner in your civilian occupation) it looks like a good, well grounded claim.

#3 JohnM

 
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Posted 02 February 2007 - 12:14 PM

nice work. Unless the VA can find an intercurrent cause (you know, when you were a machine gunner in your civilian occupation) it looks like a good, well grounded claim.

For what it is worth, John was a mechanic on the choppers also a machine gunner, also, on smr of high frequency hearing loss and the dr. at the va hospital when he had his C&P said no hearing loss, meniers , or tinnitus was caused by military service. We will be filing NOD on this, But I wish you luck to me it sounds like this is one that the VA likes to deny, and for the life of me I can not understand that, because the rating is not that high.

#4 rdawg

 
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Posted 02 February 2007 - 12:26 PM

what was the reason for John's denial?

#5 betrayed

 
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Posted 02 February 2007 - 06:55 PM

I have suffered with vertigo since around 1992. I have been diagnosed with meniere's, and benign posistional vertigo. When I filed my claim the lumped the vertigo together with tinnitus and gave me a whopping 10%. I get this crap and I cant walk for up to two weeks, its documented in my service medical record. I filed a NOD and a appeal. I got a new C&P and the doctor diagnosed me with vestibular disequilibrium. So I have been diagnosed with everything under the sun. Under vestibular disequilibrium

6204 Peripheral vestibular disorders:
Dizziness and occasional staggering........................... 30
Occasional dizziness.......................................... 10

6205 Meniere's syndrome (endolymphatic hydrops):
Hearing impairment with attacks of vertigo and cerebellar gait 100
occurring more than once weekly, with or without tinnitus....
Hearing impairment with attacks of vertigo and cerebellar gait 60
occurring from one to four times a month, with or without
tinnitus.....................................................
Hearing impairment with vertigo less than once a month, with 30
or without tinnitus..........................................
Note: Evaluate Meniere's syndrome either under these criteria
or by separately evaluating vertigo (as a peripheral
vestibular disorder), hearing impairment, and tinnitus,
whichever method results in a higher overall evaluation. But
do not combine an evaluation for hearing impairment,
tinnitus, or vertigo with an evaluation under diagnostic code
6205.


So I dont know what to think, it will get sorted out at the DRO Hearing, what I do know I am
not dettling for a combination rating of tinnitus with vertigo @ 10%. I have all the medical evidence I need
We will se how it comes out in the wash :blink:


Considering what I went through so far I wish anyone claiming Vertigo GOOD LUCK

#6 kkp

 
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Posted 03 February 2007 - 07:54 AM

What I did with this claim was to

1 put all my eggs in one basket.

2 I have read many times here on hadit, Mainly from Vike 17, and others that if the ro had all the evidence that the bva reversed cases with, they most likey have gotten afavorable decision from the ro.

3 I also sent in cat scans and mri's, This was several years ago, I had them done to eliminate the possability of a tumor in my hear or (mri to make sure there weren't any tumors on the inter ear, that would cause the same symstoms. These were ordered by specalist of eye-ear-nose who also contracts with the va a day a week. I see him there now.

4 My claim consisted of twenty two Medical reports from through the years, Dating back to the eighties, including a hearing graph from my discarge physical shoing significant hear loss during my enlistment+ graphs starting in the eighties to date shoeing hearing loss near Total in left and sixty percent in the right) That is using va regs' The Lady that did my imo used to do c&p"s for the va on the side.

5 I had all the above things done at my own expense, except periods that I had ins. I just wanted to get better.

6 I had an appointment for something else and had my smr with me. I had an appointment in audio next and th Lady ask if she could see them, and advised me I should file a claim, so upto afew months ago I didn't have a clue.

7. I took advice from here and put together every thing I had, Got an IMO and sent it in. Thats all I have there ain't no more. I will live or die with their decision.

I read Your replies and my heart goes out to each one of you who are not being treated fairly by the va, I to have my qualms with them. Hang in there and keep the good fight going.
My reason for the post was to help someone else file a claim and have you guys make correction as to where I came up short. I remember when I first found hadit I know anything, don't know much now, but just wanted to share the little I have learned with anyone new to the war.

#7 Berta

 
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Posted 03 February 2007 - 08:07 AM

Sounds like the Evidence filled the egg basket!

Good work -I only hope they consider all you have there-

The audiology graphs along with the discharge physical stating hearing loss could make that award easy-but the again one never knows what they will do-


I assume that the Meneniers and the vertigo are claimed as secondary to the hearing loss?

#8 JohnM

 
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Posted 03 February 2007 - 08:45 AM

what was the reason for John's denial?

We have not recieved the paper work as of yet, nothing was mentioned on the hearing and the doctor had wrote down on the records that his hearing, tintinus, was not from military. Although she also wrote that his SMR's show hearing loss not once but three times it is written down that he has a high frequency hearing loss, and enlistment exam said he had good hearing when he enlisted. So yes we will fight this one, even if it is 10-20 %. after all it is on record.Once we recieve the paper work I will let you know what it has down. It should be coming any day now.

#9 kkp

 
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Posted 03 February 2007 - 09:42 AM

Berta
I did all my own work on my case except the actual claim . As I have stated befor we do not have an va rep in our area at present, and havn't for over a year. We still have a secretary holding down the fort. I took my claim to her at the direction of the rep I made contact whith. His office is in the Huntington Ro.
This is the wording they put on the claim. ( statement in support of claim)

Sirs;
veteran wishes to file sc bilateral hearing loss, Left ear tinnitus, vertigo, & Meniere's desease
Please find attached
and then she Wrote out 1-22 that I already had on my cover letter.

1968 army vet and Jonh M
It really sounds like you guys are getting a raw deal. I'll proably get the same results. But it never hurts to give a shot.
Good luck with your nod's and appleals


kkp

#10 kkp

 
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Posted 25 February 2007 - 09:26 AM

1968 Army vv I have been keeping a keen eye open for news on any of your claims. Be glad to keep you guys up to date, as I am sure you'll do the same.

I talk to my rep who has his office in the ro last week, He seemed surprized at how fast the claim was moving through the system, but we all know how fast it can stop. I had another claim ready to be decided. It was for iu, and was being sent to the second rater when I was (advised to and did) file this claim. we'll see.

kkp

#11 JohnM

 
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Posted 25 February 2007 - 11:03 AM

We have not recieved the paper work as of yet, nothing was mentioned on the hearing and the doctor had wrote down on the records that his hearing, tintinus, was not from military. Although she also wrote that his SMR's show hearing loss not once but three times it is written down that he has a high frequency hearing loss, and enlistment exam said he had good hearing when he enlisted. So yes we will fight this one, even if it is 10-20 %. after all it is on record.Once we recieve the paper work I will let you know what it has down. It should be coming any day now.



The reason for John's denal waswas he had a decreases hearing awcuity, but still normal hearing for VA purpose. Although as a Result inservice noise exposure is conceded, the same for tinnitus. But it is what the C&P doc. wrote down that they denied.

#12 Objee

 
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Posted 25 February 2007 - 02:35 PM

Suggestion on how to approach appeals.....

You have the Decision Letter in hand and disagree with some or all of the decision. It's NOD time now.
Check over the list of evidence in the Decision Letter. Compare that with the writeup (justification) for
the decision the RO rendered. Is any important evidence ignored (not mentioned) in the writeup? If so,
you'll need to bring it back into the NOD. I list it as "countering medical evidence" and go on to explain
how it should have been included in the decision process. You may also want to strengthen ignored
evidence with an IMO or other supplemental evidence.

The point is: An appeal isn't a passive process. It can be driven by the claimant. Rememebr that a DRO
review is de novo - it's a totally new look - see at the ENTIRE claim. The review effectively gives you a
chance to refile the same claim you just had decided, strengthened with countering evidence that refutes
the reasons for denial! Same with a Form 9 going to BVA.

Hope this helps.

Ralph


Berta
I did all my own work on my case except the actual claim . As I have stated befor we do not have an va rep in our area at present, and havn't for over a year. We still have a secretary holding down the fort. I took my claim to her at the direction of the rep I made contact whith. His office is in the Huntington Ro.
This is the wording they put on the claim. ( statement in support of claim)

Sirs;
veteran wishes to file sc bilateral hearing loss, Left ear tinnitus, vertigo, & Meniere's desease
Please find attached
and then she Wrote out 1-22 that I already had on my cover letter.

1968 army vet and Jonh M
It really sounds like you guys are getting a raw deal. I'll proably get the same results. But it never hurts to give a shot.
Good luck with your nod's and appleals
kkp



#13 sixthscents

 
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Posted 25 February 2007 - 10:46 PM

I'm going to watch this one too as I have a current advocacy claim for Meniere's waiting for rating. The NOD process is exactly as described though... you get to basically rethink your strategy on how to present your claim... (nope I didnt mean fudge it up some more).. but since you see what the rater has decided and their REASONING, you can specifically target their comments with evidence which supports YOUR claim, and refutes their decision. Now if the NOD is not successful what have you gained... well you have a SECOND line of reasoning that you can further address, and "PERFECT" your claim with... for the formal appeals process...

You can almost always see when someone has NOT gone thru this with a claim... they are blatently flawed... again and again simple mistakes lead to denials at VACA that could have been addressed well beforehand. You just pull up the last 100 or so cases and over 50% of them are shot down without even having to look into the reg, and I can do it with my limited experience. So, this time is NOT wasted even if you end up with another denial... it shows what parts of your claim are weak... then you start thinking "OK how do I answer these challenges"

1. Specific testing to address and disprove decisions based on other less substantial evidence... i.e an MRI showing what YOU claim vs. an X-Ray showing what the VA claims... EMG's, myleograms, hearing testing etc.... SPECIFIC testing to address specific answers or questions which made a claim LESS valid, but can be very telling in an appeal

2. IMO's... again in the same context with the same reasoning...but lets say you get a specialists opinion, as compared to a general practitioners from the VA...

3. Missing or missed medical records. A C-File is good here... since you can see what they actually used, and then show where THEY made the mistake...

4. Statements from spouses, members of the community etc. which support your claim (if applicable)... Ex-employers, stating as to you work ability and how it declined perhaps... etc.

5. Statements from the VA themselves thru further testing, or other programs such as voc rehab... these can also be telling since there is seldom a cessation of care pending claim results... so NEW test from the VA, or NEW opinions from the VA or other govenment agencies (Social Security... Human Resource Agency... Unemployment Office etc...)

any combination of these or many others will be ESSENTIAL in filing a "good" claim....

or you can just submit the thing and hope... but I dont base my future on hoping... and I doubt you do either...

Is this doing the VA's work for them...... well yes.... and? The system is the system... we have to deal with what we have not what we wish... so good luck and I will be watching because like I said, I have a advocacy case pending....