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Nod Critic Please
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My Monster
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
NOTICE OF DISAGREEMENT
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.
Thanks!
Monster
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