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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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My Monster

Nod Critic Please


I have finally figured out that I need to get more involved in my case. Here is my NOD that I am about to send to the VA and my DAV. Please feel free to give me some feed back on this.

Cliff notes from my last "chapters":

Retired: 20090831

C&P exams: 20100208

Decision Letter: 20100507


Request Review by DRO

I do not agree with the decision letter dated April 7, 2010 in regards to my VA Compensation claim.

I request a review by a Decision Review Officer.

I wish to add the following to my current appeal:

Bilateral Hand Condition: Diagnosed as Carpal Tunnel Syndrome by Flight Surgeon,backed up by Neurologist, 26 May 2010. Nerve Conduction Velocity Test and EMG scheduled. Examiner's notes from C&P exam stated "patient was ableto tie shoelaces…" I wore sandalsthe day of the exam, the examiner helped me get my socks on.

Right Shoulder Rotator Cuff Strain: Primary Doctor, Ortho, and PT diagnosedArthritis, Separation, Rotator Cuff tear on 12 May 2010. These should be 3 separate claims forthe shoulder. Nexus letter andreport submitted with this NOD along with ROM's and comment of Cervical Spinefrom both Ortho and PT.

GERD: Diagnosedby QTC C&P exam by means of Air Contrast Upper GI. Prescribed Nexium by Primary Doctorshortly after C&P exam. In order to help with symptoms of regurgitation,chest pain, "burping" and general discomfort associated with GERD. This should at least be secondary toNSAIDs and pain meds prescribed over the course of active duty for SC'd LumbarDDD, along with other ailments incurred during my active duty time in theMarine Corps.

General Anxiety Disorder: Diagnosed by QTC C&P exam by means of Psychiatrist whostated directly connected to active duty service.

MDD: Diagnosedby means of Psychiatrist who stated during the C&P exam for MDD that thisis directly connected to SC'd Lumbar DDD and knees. Condition worsening, MH appointments scheduled through VAclinic.

Lumbar DDD: ROMwas not adequately measured by prescribed method spelled out in CFR. 38. MRI from December 2009 was ignored, SLR test wasignored, I was unable to bend forward and no mention of my diagnosed thoracickyphosis. EMG/NCV Studies state"L4/L5 radiculopathy bilaterally". Study submitted with this NOD. Request new back evaluation.

Bilateral Hip Strain: Should at least be secondary to the SC'd knees and Lumbar DDD.

Right wrist strain: On retirement physical, Flight Surgeon erroneously lumped this in withsuspected Carpal Tunnel.

Bilateral Elbow Strain: Again, Flight Surgeon erroneously lumped this in withsuspected Carpel Tunnel.

I was stationed on Okinawa, Japan for my final year onActive Duty and was informed by the VA at a Separations Class, that we couldNOT file for VA benefits prior to retirement while stationed on Okinawa. This was explained that it was due to theVA not having the means to conduct C&P exams. It is my understanding that had I have been able to file myclaim while on Active Duty that my claims listed above would, without a doubt,of been SC'd and granted. I feelthis is unfair not just to my case but to other veterans that must endure thesame outcome.

I currently have a claim in for Cervical DDD, to that claimI would like to add, Bilateral Radiculopathy, and daily Migraines associatedwith the neck issues.



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You sure are making your points- all I can suggest is that you directly refer them to medical evidence as Exhibit A,B, C, etc throughot this NOD at each point you are referencing and then add it all as an Evidence list and then attach copies of the stuff to the NOD that you are referring to.

I know this is a redundant thing to do but these people probably didn't even read it right the first time.

If you are unemployed and believe these conditions prevent you from working tell them you are attaching a TDIU form as well and would like that claim adjudicated.

"I have finally figured out that I need to get more involved in my case" that along with evidence they cannot dispute- is the way to a successful award.

Great touch on the shoe tying comment!!!!

One of my best little nuances to put into my NOD years ago was to point out that a C & P expert could not even tell military time when she opined on my husband's VA hospital med recs.

As an endocrinologist the actual time that his glucose readings were taken was very probative information.or should have been for an endocrinologist.

Another C & P exam I knocked down was parsed by the VA in the SSOC. I was shocked to see that the actual exam results were different.

Anything you can do to damage the credibility of the C & P doctor -based on facts -will lend credibility to you.

Edited by Berta

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