Preparing for NOD - Need help!

[Navy4life]

Okay I need everyone's help.  I have all my p/w spread out on the bed and I have been tabbing, organizing, and filing my p/w to prepare for my DRO Review Hearing next month.  Here is where I really need some help/advice!

The denial letterDenial Letter.pdf (please read!) I have attached for your review.  These are the three contentions I am going to the NOD Review Hearing for.

1. Status post avulsion fracture, 5th Metatarsal, right foot - read why it was denied.  Here is my ISSUES and CONCERNS.  This fracture occurred when I was 8 months pregnant in 1996.  I was taken to Ft. Belvoir and they put me in a cast.  I gave birth to my daughter while in the cast.  MY PROBLEM....No SMR's to back this up!  I have requested them since 2014 to no avail.  I have the documentation where I requested the records but so far no luck...AM I SOL?

2. Left Foot strain with Morton's neuroma - Read why it was denied. This I believe I have a good leg to stand on LOL - I went through my SMR's submitted and there are several pieces of evidence to support this claim.  When I fractured my L ankle (Talus Hawkins I) back in 1991/92 there are notations on my medical records AD that I had numbness at the base of my L foot/toe.  I previously provided this, along with my outside podiatrist DBQ's citing I had this condition and it had been since the 90's that I was suffering from it.  What do I do here to prove this contention should be S/C?

3. Right Ankle Sprain - read why they denied it.  I have SMR's that were submitted to back this up yet it was denied.  I am not sure what "new" evidence" I can supply?  Should I reiterate the already existing evidence?  The denial indicates I had issues but I don't constitute a S/C.  I also have DBQ's from my outside Podiatrist stating that my L/R ankles have synovitis.  I was S/C 10% for my L ankle so why not my right????

thanks for the help!

[Buck52]

The Hospital that  put your ankle in a cast should have your smr's  at Ft Belvoir call them.&fax you the records...you need a nexus letter connecting the right ankle spring  but  you need a Qualified Dr to state its likely as not this occurred during military service...without it or any medical records to connect it  you will probably be denied   that's what there bases their decision on is no evidence of record

[Navy4life]

Just now, Buck52 said:

The Hospital that  put your ankle in a cast should have your smr's  at Ft Belvoir call them.&fax you the records...you need a nexus letter connecting the right ankle spring  but  you need a Qualified Dr to state its likely as not this occurred during military service...without it or any medical records to connect it  you will probably be denied   that's what there bases their decision on is no evidence of record

Okay so I can't get the records from Ft. Belvoir b/c they are archived.  I have requested the records several times to no avail regarding the right foot fracture.

Secondly, I will ask my Podiatrist, to write a nexus letter regarding the right ankle sprain to my AD.  He already did one for me regarding my FDC claim so I am sure he will do it for me for this.  I see him on 2/19/71.

Thanks!

[Buck52]

yes get him to write you a

Another nexus  that will do it  in my opinion..I don't know what they will rate it at  but I bet it would get you S.C.

Maybe this will help some?

§4.26   Bilateral factor. When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability. (a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment. (b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained. (c) The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles.

[Buck52]

Navy4life

you need to call the NPRC in St Louis   they should have these records   tell them its an emergency  you need by the 27th Feb

[Navy4life]

7 minutes ago, Buck52 said:

Navy4life

you need to call the NPRC in St Louis   they should have these records   tell them its an emergency  you need by the 27th Feb

Okay I will try and call Monday!  I have all the documents showing I requested them but can't seem to get them!

BTW, I just secure messaged my podiatrist.  I hope he will do it for me....

[Buck52]

http://www.archives.gov/veterans/military-service-records/standard-form-180.html

you need to fill out the 180 form send it to these people  but also call them and let them know what you want   the 180 is in the mail (get  certified return receipt.) give it 3 days to get there then call.

 

.......Buck