Attorney Bridget Drop helped a client obtain a 100% permanent and total rating for Meniere’s syndrome. The client came to Disability Law Group after the VA denied his claim for an increase in his Meniere’s syndrome that was rated at 30%. The client experienced frequent vertigo episodes and cerebellar gait due to his Meniere’s that interfered with his work and daily activities.
According to the VA Ratings Schedule, the evaluation of Meniere’s syndrome ranges from 30%, 60% and 100%. A 30% rating for Meniere’s requires hearing impairment with vertigo less than once a month, with or without tinnitus. A 60% evaluation requires hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus, and a 100% rating for Meniere’s requires hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus.
After thoroughly reviewing his VA file, Attorney Drop found that the C&P exam for Meniere’s syndrome documented that the client met the criteria for the 100% rating based on his severe symptoms, but the rating decision continued the 30% rating. After filing a Higher Level Review appeal, Attorney Drop explained the mistakes in the previous rating decision and explained the supportive evidence of the medical records and statements from the veteran to the decision review officer at the informal conference. After the informal conference, the VA found a duty to assist error. This means the VA did not make a reasonable effort in their obligation to help the veterans develop their claims.
While the VA worked to further develop the claim, Attorney Drop gathered additional supportive evidence to submit, including a calendar from the client documenting episodes of vertigo that occurred multiple times per week and lay statements from the client’s friends and family that described the symptoms they witnessed the veteran suffer from due to his service connected Meniere’s syndrome. The VA agreed with the supportive medical records and lay statements and granted the client’s claim for increase and gave an evaluation of 100% for his service connected Meniere’s syndrome.
Whether you have a physical or mental health condition, or a combination of health problems, you do not have to go at the process alone. At Disability Law Group, disability is all we do, and we will fight alongside our clients to help them win every penny that they deserve. Our Disability Attorneys are not only experts in the field of disability law, but we are certified to handle veterans disability claims. We are a team made-up of veterans, and we care about every client and every case. Contact us today for your free consultation.
