Zoomie

On your 4138 you will need to “dumb it down” for them regarding the evidence you have. I had to do this. List the evidence you have that is contradictory to what the VA stated in their denial letter…..LINE by LINE. Meaning that “In your denial statement you stated “blah blah blah” but the evidence submitted states the contrary. And if possible state the supporting VA CFR that goes with what you are stating. Also submit any additional documentation you have. Also on your 4138 I would include a statement stating why you were not able to make the exam and that they were unable to schedule you in the time frame that you requested. We’re you national guard. Sounds like it. Do you have your Unit medical records? I as this because the archives won’t have them. Retired in 2015 and I was on AGR at the time. They are still not there. If they are unable to locate them try your state division of military and naval affairs. They may have them. Best of luck to you.

Thanks for the clarification porgee.

Good afternoon everyone. I will give a brief overview relating to my question. Seperated from active duty January 2015 (Title 32) after a two year active duty tour. Filed claim with VA for cancer and hypertension May 2015. Had hypertension prior to active duty which worsened during active duty and was prescribed additional medications to control it. Daignosed with cancer May 2015 (within one year presumptive time frame). Claim denied. Conditions did not occur on active duty or during one year presumptive time frame. In my denial letter under evidence received it listed DD 214 January 2015. Called VA and they stated that there was no DD 214 from January 2015 on file only a NGB form 22. Contacted Air Force Personnel Center and they sent me the DD 214 in question. I then submitted this with my NOD on May 2016. Being that I am using the one year presumptive for the cancer and aggravation of a pre existing condition while on active duty would the missing DD 214 that resulted in my denial be considered new and material evidence being that they did not have it for the original decision? I am still being treated for the hypertension and have come down with cancer a third time since 2015? Thank you for your responses!

The best way to figure out where you stand with your NOD is to follow the VA Monday reports. Look up your Waco RO and click on the TA tab all the on the right side. It will tell you how many appeals your RO has waiting. Follow the reports for a month and you will get a general number of how many NODs the RO is completing. Even this is not a guarantee or totally accurate. Example: My brother in law in Connecticut had his DRO review done in 28 days. A friend of mine out of the Tampa St Pete RO has been waiting 2 1/2 years. The VA says the average is 377 days. I figure 12 to 18 months is the average. I am out of the NY RO. I figure two years for DRO review and then tag on another three years if it goes to the BVA judge. Good luck with your appeal!

Stay strong! Keep fighting. I am with you. My claim was denied last month. My main contention was for cancer that was denied service connection under presumptive diseases occurring within one year of discharge because they stated that they had a DD 214 for my service (listed on a 5103 response letter as evidence received) when they did not....so it was denied. Was cancer free for 90 days and then it came back with a vengeance. Had the surgery AGAIN yesterday. I like you will keep fighting on!!!!

Denied S/C for Hypertension contention. BBE states "hypertension is denied since this condition neither occurred in nor was caused by service". Also gives the presumptive basis jargon. While serving as a traditional guardsman I was diagnosed with HTN and prescribed Amlodopine. Two years later while on active duty my B/P went up to 170/100. I was seen by my private physician and was prescribed Lisinopril to manage my blood pressure. The date on the treatment record is during my AD time. Both meds are listed on my 2766 in My SMR. Could this be service connected being that the condition worsened while on active duty?

My urologist states that it is from my body producing too much of a type of acid. I get them every four months or so. when I went to the hospital last August for kidney stones was when the hospital discovered the cancerous tumor in my bladder.

Thank you once again for your responses. I think the VA confused NGB Form 22 with a DD 214. That's why my original claim got messed up. I separated after serving 16 months under Title 32 USC 502 service which is considered active duty. I was claiming cancer, joint pain right hip, joint pain left shoulder and kidney stones. Retired on January 15 2015 and was diagnosed with cancer on August 4 2015, arthritis in both joints listed above in July 2015 and the kidney stones while on active duty in January 2015. Denial letter stated that the cancer did not occur in service or in the presumptive period following separation from AD. Denial for kidney stones same statement. And the joint pain because there is no evidence of it occurring on AD or in my SMR. That is why I am submitting the new DD 214 as new evidence. It should show that I was eligible for the presumptive service connection. Also the cancer came back this past Thursday. Should I submit those reports with my NOD or hold off??? The cancer was treated via surgery on my bladder where they resected it. Arthritis was confirmed with X Ray evidence. Kidney stones frequent episodes with hospital records and CT confirmation. Thank you all once again!

Thank you. I will post developments on this just in case any member ends up in a NOD situation like mine.

Good morning. I am submitting my NOD this week for denied contentions (denied April 14th) that fall under the CFR as presumptive conditions that were denied (cancer, kidney stones and arthritis). The reason for denial was "there is no evidence that the condition occurred in service or during the presumptive period after service". I had received a letter in September ( I believe it was for a 5103 response) stating the documents we have received and in the listed documents was "DD 214 dated 15 January 2015". So I figured I was covered under the presumptives and that they got it from the ARPC.Well they did not. In fact when I separated from active duty, even though I completed the DD 214 worksheet and submitted it and it was never done. The ARPC will have the new DD 214 completed tomorrow. I am submitting the DD 214 with my NOD as new evidence and for the contentions and I am attaching a letter explaining why I am appealing the decision referencing the DD 214 shows that these conditions are covered under the presumptive guidelines in the CFR. I am also going to request a DRO review (de novo?). Am I on the right track with this NOD? Also I am not in favor of a reconsideration due to the fact that there is a high probability of losing my EED. Thank you all for your help.

Looks like you are in pretty good shape evidence wise. Take care of yourself and I hope you get the decision you are looking for.

Usually to your evidence intake center. It may show up as a claim under ebennies. You need not worry about this as it will not slow down or hold up your claim.

It's because it is not done through a VA medical center. If it was done at a VMAC it would show up on myhealthvet 72 hours later. To get your results you have to put in a FOIA request for the CP results.

Usually about 30 days. Sometimes longer. Also QTC C/Ps do not show up on myhealthvet.

The IMEs are a great plan. Are you being treated through the VA or private docs? If you are using private medical care see if they can fill out a DBQ or write up a Nexus letter. That would be additional insurance.