Schedule of ratings-Ear

Jason Perry

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Attached is the Schedule of ratings for the Ear and the Schedule for impairment of hearing. Again, like all conditions, the loss of hearing must be unfitting. This is often times difficult to show because use of hearing aid usually allows servicemember to perform their duties. I have had success with combat arms Soldiers who could not hear commands while maneuvering being found unfit. I imagine certain other jobs, like Sonarman or Radio Telephone Operator might be unfit if hearing aids do not allow for enough clarity in communication.
 

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  • Schedule of ratings for Impairment of Auditory Acuity.doc
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Could someone please define "cerebellar gait" as it pertains to Meniere's Disease? I completely understand the definition. Specifically, it does not indicate "acute" or "chronic". Do you have to have permanent cerebellar gait to meet the criteria? Thank you in advance for your time.
 
Andi,

It basically means your loss of balance, you may even fall over from time to time. If you have Meniere's, I'm sure you know the feeling. For rating purposes, they don't ask to specify the severity, weather it's mild, acute, chronic etc. What matters is quantity, how often do you get dizzy?

Some people here have told me that your NARSUM MUST say cerebellar gait in it to get a proper rating. Mine did not include the phrase at all, but I'm sure having the exact verbiage from the VASRD will help your case. My NARSUM stated "vertiginous episodes" 2-3 times a day and that I have to stop what I am doing (exercising, working, driving, etc). Keep a log of your vertigo, it can be used as evidence at the formal board (but hopefully you don't have to go that far).

Good luck in getting a fair rating!
 
Josh,

Thank you so much for your reply. With my meniere's, I have drop attacks of vertigo about every 7-10 days or so, where walking isn't an option, if I try, I just fall down. In addition, I have benign positioning vertigo, that effects me almost everytime I lay down to the left or look upward (with clinically observable nystagmous). At night, I still have to use walls to get around (I feel drunk without visual cues). They stated on the IPEB results that there is no objective findings of cellebar gait (TDRL at 30% for Menieres). I know that the doc preformed the Romberg test (feet together, close eyes)...I was unsteady, but didn't fall over, so I "passed". Although, this is not a correct test for cerebellar function. I have elected counsel. I just don't understand how I can have knock down vertigo 3-4 times a month, but fail to meet the "cerebellar gait" criteria. If elect to proceed to a formal board, I can expect another year and a half of wait time. I want to ask for a reconsideration. Although, I do not have any "new" evidence to propose, the evidence that is already documented in my medical record should be beyond sufficient. Do you have any recommendations? Thank you.
 
Sorry for what you're going through. Looks like you should be getting 60% for it being 1 to 4 times a month. Unfortunately, since every service has their own PEB, a decision would vary from branch to branch. It may just be that they don't have much experience with the disease and how it relates to cerebellar gait. If you don't mind the wait, going to the formal board would my choice; you are talking about a 30% difference here. Good news is the least you can get with meniere's is 30% so you don't really have anything to loose, just time. But that also gives you more time to prepare financially. It sounds like they're are looking just at the book and not at you as a person. Going to a board and standing (or in our case, wobbling) in front of them may help change that.

Again, it's completely up to you and what you have going on in your life, but I would go the the formal board and fight for 60%. Like I said, I would keep a log of your attacks and see if you can get an updated NARSUM that mentions cerebellar gait. At least talk to the doc to see, from a medical perspective, why it isn't considered gait. Who knows, maybe he just didn't think to include those words in there.

I don't know if your hearing is as horrible as mine but even so, communication is your best advantage.
 
I am a 100 % service connected right now but when I etsed in 1984 the army should have given me retirement or severance pay because my audio exams when I enlisted and etsed show a hearing loss thatbwould evaluate andcratevme at about 50%
 
can I file for disability severance pay now that I am 100% with afas or dods
If you were not discharged due being found to be medically unfit to continue on active duty after a medical evaluation board, your path would have to involve a correction to military records. Disability Severance Pay is normally paid at the time of medical discharge.

The VA ratings of what I infer you are speaking about do not always correlate to DoD ratings.

Perhaps the attorneys at this location can help you LINK NVLSP <—-webpage

Another option would be to contact Jason Perry, the owner of this board, webpage LINK <——

Ron
 
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