Withdraw Nod For Dro Hearing

[deyjason]

I filed a NOD and requested a DRO hearing through the WACO regional office... it was for a 0% for irritable colon. The C&P service connected and diagnosed IBS. I'm assuming that I got zero because I only sought treatment on a few occassions even though my symptoms are moderate to severe. There's not much they can do for you. Since, I have been treated several times in attempt to show proof that my symptoms occur more frequently and are worse then the orginal picture painted. My primary care physican has describe my IBS as Severe, but he was a General practicioner. I am working with a new Gastrologist since I moved, he has stated diharea with abdominal pain but will not rule IBS until further test are conducted. I had a Promethues Serology 7 screening for IBD that was negative so the next step is colonoscopy . Then he should be able to give me an accurate diagnosis that should point to IBS. I have sent in additional evidence from these appointment that I mentioned and after the colonoscopy anticipating the new Gastrologist to diagnosis moderate or severe IBS.

Is the DRO process slowing down my case? Should I continue with DRO or should I remove it and ask for higher rating based on new evidence?

The NOD and DRO hearing request was submitted the middle of March.

[Pete53]

My wife has severe IBS. If there was some way that it could be diagnosed by tests let me know. She has had colonoscopys xrays and all kinds of specialists and its always sort of vague and tell her to take this or that medicine and this or that diet.

Good luck sounds like your new Doc is a twit.

[Ricky]

let your Nod stand. No need in restarting the appeals process. Simply send in the new evidence for the DRO to review when they get to your file.

[deyjason]

Pete,

What they do with the test and colonoscopy is basically rule out everything else which leaves you with the diagnosis of IBS based upon symptoms. The test I had done was a genetic marker test for Irritable Bowel Disease to rule out other stuff first, i.e. Crohn's, UlcerativeColitis, etc. I have run into the same thing with the doctors, they are usually very vague. I have been prescribed imodium, some steriods, and lomotil in efforts to slow my down my bowels but, it hasn't helped. I've heard the same things about the diet but have not been able to identify any foods that make it worse, I basically get it from anything and everything. I have to eat! What I'm attempting to do,after the colonoscopy, is have the Doctor describe my IBS in the exact terminology the VA uses to rate it so hopefully there won't be much room for interpretation.

As far as the NOD and new evidence goes.......I think I will just wait it out with the NOD and DRO hearing, I would hate to lose my place in line.

[deyjason]

The reason I was considering withdrawing the NOD is because my VSO rep told me that the NOD was what was slowing down a decision and that the new evidence supports my claim to a higher rating. He said "that I should withdraw my NOD and request an increase based upon the new evidence, since it's still within a year of the orginal decison". That I made a mistake by submitting the NOD in the first place. What was really funny is that it was my VSO rep from the same organizaiton that told me to file the NOD. This made me very sceptical about this and I wanted to get opinions of others who have more experience than I.

[Pete53]

Dairy and almost anything that is white like bread and sugar are hard on IBS.

Your VSO is an idiot you can add evidence or even ask for a hearing but an NOD is salutatory and can impact your retro.

[john999]

I think your VSO is talking about a reconsideration instead of an appeal via a NOD. You have already filed the NOD asking for a DRO. I would just be sure to ask for a DRO Hearing. The reconsideration is not a magic process whereby you jump all the hurdles of the appeals process. The same people that denied your claim the first time will be looking at it again even with new evidence it may not fly. If you go past the one year mark while waiting for the reconsideration you have gone past your chance to appeal the claim. Then you have to start over with new evidence and you have lost your effective date. You are just as likely to get denied on reconsideration as an appeal to DRO. You might as well go for the DRO now. The NOD is the basic tool for all appeals except a reconsideration. I would rather be safe and file the NOD and preserve my effective date.