This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • Should I file a CUE or leave NOD in place?
      The YouTube link should be on this thread.
    • My husband died in motorcycle accident
      The 10% could have been appealed by the spouse but it wasn't. The only factual info here is that he died at 10% SC for PTSD and that he died in a motorcycle accident. I see no way the 10% can be raised. This is one of the most difficult DIC claims I have seen in over 20 years.Actually THE most difficult. It is way too soon to even suggest that she will succeed on this claim. I am concerned that reckless behavior due to PTSD can also be deemed as willful misconduct...just search DIC  misconduct at the BVA to find our what I mean. Search DIC Insanity as well....DIC has been awarded due to insanity in PTSD vets because that is what caused their demise. If he had a documented History of flashbacks,and visual hallucinations solely due to PTSD, like my husband did,  that would be different.   We don't even know if the VA will extend the time frame for her.    
    • Just got my C&P letter, what to expect?
      So Im going to my C&P, it came really quickly, and I don't have much time to prepare. What should I expect, what should I do? Its not with the VA, but an approved VA examiner. Also do they drug test, if its positive would that effect anything? 
    • Should I file a CUE or leave NOD in place?
      ROF LMFAO  Thanks I needed that laugh!!!! 
    • ratings
      YOu can put them in the disabilty rating calculator yourself, to see if your rating is correct: http://vvaarizona.org/combined_disability.php
    • My husband died in motorcycle accident
      page1006 Just speaking humm Unoffically here..K & Just my Opinion Everything looks like to me your claim will be approved, there's only couple of things I  that think will possibly hurt your claim  one is proving his  10%S.C.PTSD behavior was the cause of his death proving something happen seconds before an issue Happen (Accident) will be hard to prove  and the other is the statements from witnesses, the only chance I would think you have at all is if the Attorney can prove he had appeal the 10% and was asking for that to be increased based on a Phyistrist treatment statements and  added Mental medications. Also statements from a license PTSD Therapist  if he was in treatment at the time of his death? & Dependent on the Autopsy statements? '' Witnesses reported observing the motorcycle being operated in a reckless manner. He was riding on the rear wheel only prior to the intersection. He was wearing a helmet but the helmet was not properly fastened. The investigation indicated that excessive speed and reckless driving on my husband's part contributed to the crash. There was no alcohol or drugs found in his system.'' So proving his  10% SC PTSD (& your hubby had filled an Appeal for increase) this alone would be evidence & the reason for his death because of his uncontrollable factor   if that has been Noted as of record? So without his claim increase before his death  who's to say he would/could  have been rated at the 100% rate?  per speculation but it does raise the questions as to the cause of his death. The Specialist needs to say something in this manner After reading Mr Veteran Joe Brown records ''I believe his uncontrollable behavior  is 100% aggravated  by his SC 10%PTSD was the reason of his Motorcycle Accident  & Resulted in his Death on Date   **-**-****  This is why you may need an IMO and have  a SPECIALIST(Phyistrist) to state so in his/her professional opinion. I know you have the Attorney to help you  I just want to make sure you know all of this...sometimes you may have to lite a ''Fire''under the Attorney ''Assperalo''  then I think you will win your case. If you win you and your children should all get benefits Available  & if your disabled you can get special compensation with your DIC  or have a hardship in rasing your children. So lets all pray you got some good/great Attorneys and the don't let nothing slip by them. If you get denied read the the ''What we decided '' Reason and bases of the decision & put on here on hadit (cover name and claim #)  so we can help you MORE. I believe you can Appeal the decision & take to this up to the big boys up in Washington. I got my Fingers crossed for ya  I realize this is tough for you to go through and my heart goes out to you and your family. ....................Buck   ....................Buck
    • Veterans First Act
      This is not a done deal yet. We can still fight this! Contact your representative and let him or her know that this bill needs to be inclusive of all veterans. Let your service organization leadership  know about this as well. Please get the word out there people as time is wasting. My objective is to get veterans together on issues like this. I feel it's wrong to exclude any group of American veterans from benefits. We all served with the goal of providing defense for the USA. Thanks for putting in your two cents everyone. 
    • Mental Health C&P
      I just got the results/ratings back from a C&P exam where I felt heard. My person (who was contracted) also emphasized that it was not a therapy session and also made a referral.   my exam was for depression with eating disorder not otherwise specified. I think mine are linked together as there is so much overlap it would be difficult to differentiate.   my results were favorable in the sense that they reflected the medical concerns and impact I have felt the past five years. I haven't discussed it on here yet - as letters have not updated and I have not received my packet (disabilities on e-bennies has updated), but wanted you to know that sometimes YES they do hear you.
    • Awaiting BVA Remand for R-2
      Asknod...  Was that a yes??
    • Fully Developed Cue
      My current rating is 100% P&T for "PTSD with Bipolar Disorder, agorophobia, and alcoholism in sustained remission" I was initially 70%  PTSD with Bipolar Disorder, TDIU P&T but developed liver issues (cirrhosis).  I am almost 9 years sober today, but wanted the liver connected in case I don't make it the 10 years for my wife to get DIC. I got my treatment notes in order at my CBOC and rolled the dice with LARO, filing a new claim for "alcoholism with liver damage secondary to PTSD with Bipolar disorder".  I also went back and service connected all the contentions from the 2003 rating that I was never notified properly of, i.e. left ankle, lower back, migraines, GERD and also combined the CUE claim.  All contentions were awarded except GERD and CUE. This opened the door to appealing for an EED instead of appealing the CUE denial itself. My first malady is PTSD, various psychiatrists and I agree it was my stressor event that kicked off the bipolar disorder. I was so short in the army when the bad behavior started.  There just wasn't enough time to get caught before discharge. First hospital stay was in Germany at a German hospital, 5 months after discharge for attempted suicide.  It went downhill from there.  Many inpatient stays over the next 8 years were VAMC after I returned to the States fresh off a divorce.   I was not diagnosed with PTSD till 2011, fifteen years after my bipolar diagnosis.  

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Draggin'

Nod Letter - Need Help!

17 posts in this topic

OK here is my sample Notice of Disagreement letter.

______________________________________________________________________________________________

Part 1

NOTICE OF DISAGREEMENT

I am sending to inform you that I disagree with the decision made October 1, 2009 for the below mentioned issues. I wish to appeal this decision and request a DRO denovo review for all below mentioned issues.

Part 2

Issue #1 - Denied Knee Pain, left knee

Issue #2- Awarded Ankle Pain, right ankle

(etc...here I am just listing the decisions I disagree with that they either denied me on or awarded and the award is too low)

Part 3

REQUEST FOR RECONSIDERATION

I would also like to ask for reconsideration on the following issues

Issue #1 - Denied Knee Pain, left knee

(etc...here will be a repeat of the issues of Part 1)

Part 4

Also attached is an application for TDIU.

Sincerely

Signature

_____________________________________________________________________________________________

My questions...

#1 What do you think?

#2 I do not have specific information to send in with this yet. I do not have my medical records yet. Although it can be seen in my recent VA medical records that I have been , and am currently being seen for these issues. In all "issues" I am only stating the claim that was made and whether it was denied or awarded - no other details, no reason why I disagree, etc. Is this sufficient-just for now?

#3 Is it OK to send in an application for TDIU with this?

My deadline is the 30th, and I will be personally taking this to my RO to insure it gets there! We have tried to compile more information but it has taken everything to get the PTSD and marriage proof in...along with numerous trips to outpatient and VA Dallas to get my medical issues worked on. Is this good enough to get it started?!! How will I send in additional information later?

Thanks so much

Draggin'

 

 

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OK here is my sample Notice of Disagreement letter.

______________________________________________________________________________________________

Part 1

NOTICE OF DISAGREEMENT

I am sending to inform you that I disagree with the decision made October 1, 2009 for the below mentioned issues. I wish to appeal this decision and request a DRO denovo review for all below mentioned issues.

Draggin,

Looks like you've been "Draggin" your feet almost too long on filing a NOD and I don't see

why you would feel you have time to now submit a request for Reconsideration on any issue

that relates to something from a Rating Decision dated October 1, 2009.

Keep the NOD fairly simple, all you need do at this time is state what you disagree with.

There is a NOD example at Hadit - I believe you can find it on our homepage.

I suggest you do not break a NOD down to:

Part 1

Part 2

Part 3

You will just muddy the waters that way.

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Tis why they call me Draggin'!

And this helped, it's exactly what I needed to know!

Thanks

Draggin'

Draggin,

Looks like you've been "Draggin" your feet almost too long on filing a NOD and I don't see

why you would feel you have time to now submit a request for Reconsideration on any issue

that relates to something from a Rating Decision dated October 1, 2009.

Keep the NOD fairly simple, all you need do at this time is state what you disagree with.

There is a NOD example at Hadit - I believe you can find it on our homepage.

I suggest you do not break a NOD down to:

Part 1

Part 2

Part 3

You will just muddy the waters that way.

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Here is a link to the sample NOD letter http://goo.gl/Uinv

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Thank you TBird

I found it on the home page and quickly dove in!

It was exactly what I needed to see to get me started on my new "job" for the week.

Thanks

Here is a link to the sample NOD letter http://goo.gl/Uinv

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Draggin,

You don't even have a whole week left.

If you are ONE day late on your NOD the VA will say you

did not file your NOD in a timely manner and if you would like to

re-open the claim issue you must provide New and Material evidence.

When you provide N&M evidence you loose the effective date

you had before and get a new effective date for the start date of compensation

when it gets granted.

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I agree w/carlie but they also allow delivery time. They generally allow 3-5 days, from the date of the letter, for delivery. However I wouldn't cut it that close. jmo

pr

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It might be worth driving to the VARO and getting your NOD copied and date-stamped when you deliver it. This way you would have proof that they actually did receive it before your NOD deadline.

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That's the plan!

Funny, last time we were there the lady said that she didn't have the time stamp and it was locked up and she didn't have access to it.

What's up with that?!!

So we want it copied after they date stamp their copy, correct??? Or will they just date stamp both our copy and theirs?

Draggin'

Edited by Draggin'

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Read my lips ................

I need a copy with a date stamp please ! ! !

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Get R done. Dont miss the deadline or you will be royally screwed.

J

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Draggin,

Here's an example for you.

Read cannoncocker's new dilema in the claims system

regarding filing a timely NOD.

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Well, wife and I got the NOD letter done. OK, she did. She did such an awesome job on my PTSD stressor letter and proof (managed to get that one reopened and get me 50% first try!)

I'm including the NOD here. Yes there is a LOT there :ohmy: , and there was more in my original claim...(this was something advised by our VSO). And YES, I am young and yes these are legitimate issues, 90% of which were diagnosed and confirmed with C&P and simply denied service connection on a direct basis. And yes I feel like "poo" on a consistent basis. :wacko: I would have more information in there right now if it wasn't for the time crunch and due to the differences I've had with my first Primary Care doc. We're on our way to Regional Office tomorrow.

You can comment on the letter, not sure if it will do me any good before we leave. But I hope it may do some good for someone else for future reference.

Draggin'

_________________________________________________________________________________________________________________________________________

September 25, 2010

Department of Veteran Affairs

VA Regional Office

Attention: SS# - In Reply to: document #

To Whom it May Concern,

I received a rating decision dated October 1, 2009. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability/disabilities:

GERD 10% Awarded (#2)- The severity of this disability warrants a higher rating. Also, this disability causes secondary issues including the "Diarrhea and Excessive gas (#10)", "Chest pain and tightness (#22) " and "Ulcer (#36)" claims that were made on April 30, 2009.

Right Ankle Sprain 10% Awarded (#3)- The severity of this disability warrants a higher rating. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Lumbosacral strain 10% Awarded (#6)- The severity of this disability warrants a higher rating.

Patellofemoral Syndrome (Left Knee) 10% Awarded (#4)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Right Shoulder Strain 10% Awarded (#5)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered, including aggravating non service connected left shoulder strain and neck pain.

Migraine Headaches 0% Awarded (#8)- The severity of this disability warrants a higher rating. Coincides with right shoulder strain and neck issues.

Left Ankle Sprain (#9)- I disagree with the denial of service connection, also the severity of the condition has since increased. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Right Hip Pain (#15)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Hip Pain (#16)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Hypothyroid (#17)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Prescriptions have been doubled. Contributes to weight gain/obesity and GERD.

Patellofemoral Syndrome (right knee) (#18)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition (right ankle). I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (left leg) (#19) - I disagree with the denial of service connection. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (right leg) (#20)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Overweight / Obesity (#24)- This condition is a symptom of depression and PTSD and is aggravated by the medications for a service connected condition (PTSD).

Skin Irritation Between Toes (#28) - I disagree with the denial of service connection. I have had consistent problems with severe athlete's foot and my feet stayed constantly wet in my boots while in service. This is a condition I had to learn to self medicate and deal with, therefore, it slipped my mind to have it looked at by my doctor. It was not apparent during C&P exam, but it is a recurrent and painful problem.

Restless Leg Syndrome (#30)- I disagree with the denial of service connection. I am prescribed medication for this. Associated with service connected PTSD.

Pain and degenerative changes top of foot (both feet) (#31) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Shoulder Pain (#34)- I disagree with the denial of service connection. It also states in award letter #34 that "Service for left shoulder pain is granted.", but no award was granted. Also, this is aggravated by a service connected condition. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Snoring (#35)- This is caused by a service connected condition. (PTSD, depression, and associated sleep disorder and weight gain).

Right Wrist Tendonitis (#38)- I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Wrist Tendonitis (#39) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Plantar Fascitis, Bilateral (#41) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Chronic Fatigue (#43) - This symptom/condition was caused or intensified by medication currently prescribed for a service connected disability. (PTSD). Also this is a secondary symptom of service connected PTSD and Sleep Disorder.

Neck Condition (#44) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field. Related to service connected migraines and shoulder.

Nightmares (#40) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Nightmares have increased in severity in spite of medication.

Anxiety (#25) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Depression (#45) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that this condition was related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Memory Loss with confusion (#12) - I disagree with the assessment of the severity of this condition. Also, this condition is aggravated by the medications prescribed for PTSD.

Fibromyalgia (#37) - I disagree with the denial of service connection. Although there are verified sources of joint pain as explained in denial reason, there are still widespread and unexplained pains with no diagnosis, such as back, neck, hips, shoulder, all fingers, feet, and muscles etc.

I am requesting a “De Novo Review” by a new Decision Review Officer.

Sincerely

Signature

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When you file the NOD IS ALL YOU NEED TO SEND IS THE LETTER. Should you send the evidence with it.

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You would not want to mix a NOD with a Reconsideration request in the same document anyway. This is just too much for the VA to comprehend. You should keep it simple. Remember, if a six grader can't understand it then the VA can't understand it. I would drive to the VARO and get date stamped copy.

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You would not want to mix a NOD with a Reconsideration request in the same document anyway. This is just too much for the VA to comprehend. You should keep it simple. Remember, if a six grader can't understand it then the VA can't understand it. I would drive to the VARO and get date stamped copy.

This is terrible. That is exactly what I sent in a month ago. A big certified envelope with a copy of a NOD, and a separate letter for a reconsideration, lots of other info as well. I just saw a post here that someone stated that when you send all this in, in goes into a new case and sits for 90-120 days before someone even looks at this through the development stage. Then the forms are sent out from the VA. Until then, all this sits and collects dust all over again. So the crap that the DVA gave that I would receive a letter back in 1 month is just as stated. A RECONSIDERATION, or anything sent to them must go through the same waiting period as everyone else. Why should they look at in any sooner, they might have to give you some more dinaro sooner. I DID AN iris and they had the nerve to send me a letter that said since I didn't provide my ss # they couldn't give me any info. Wrong, you can't even process that with out that info, it will give an error message. At least I have plenty of time to send more medical info in. I sent it in quickly so that would be once less issue, filing late, so sorry sucker.

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Draggin

You have many issues and you have to prove each one is service connected or low balled via your SMR's and possible IMO's. You will have to very carefully organized your evidence so the VA does not make a mess out of it. Consider that you are dealing with almost 30 separate issues. Maybe later on you can combine some of these issues and get to 100%.

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