Question:

Hi, I am service connected for tinnitus, I was diagnosed with meniers disease at the VA. I put in a claim for Meniere's secondary to tinnitus. They denied my claim but changed my tinnitus to service connected tinnitus with Meniere's disease. Is this even legal? If so, shouldn’t I get the higher of the two? Thank you!

Jim's Reply:

I agree with you. Interestingly, so does The Schedule For Rating Disabilities 
 

6205 Meniere’s syndrome (endolymphatic hydrops):
Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100%
Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60%
Hearing impairment with vertigo less than once a month, with or without tinnitus 30%

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.
 

Now you know VA made a mistake and you must appeal the decision you received. There is no other choice but to proceed as soon as you're able to and get your appeal going. Good luck.