Rate My Nod

[TLaff]

I am providing my NOD on here so i can get some advice and also do i take it to my DAV National Service Officer for filing? I seen some where it should be filed by someone other than mailing it my self??

Veteran & SSN

NOTICE OF DISSAGREMENT

I totally disagree with the Regional Office Decision dated April 13, 2010 and I intend to dispute the decision with a DRO Review and then appeal it all the way to Washington with an attorney if I’m not happy with the DRO results.

The issues are as follows:

Issue #1 I totally disagree with the C/P examine due to the fact she stated she was new and not to sure of what she was doing and to please bear with her. She did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head and measurements to get readings she wanted causing extreme pain and the C/P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #2. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make? (Please inform me).

Issue #3. My Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate and I expect to be compensated for. It should go until November 4, 2008.

Issue #4. I am providing more medical records, doctors reports, ROM, bubby letters from my sister and a customer from work and detailed information on my conditions and a Statement Of Facts from me in which if I’m not happy the DRO’s decision I intend to take the Statement Of Facts letter to Tri-State Polygraph Associate Inc in Cincinnati, OH to authenticate my facts before appealing with an attorney.

Issue #5. I am also providing X-Ray photo of my Cervical Fusion and I expect the highest rating for that alone in which I have barely any movement at all because of it.

Issue #6. I further expect the max rating for my Lumbar Thoracic after reviewing all my evidence, there are people who are getting 50% and only have DDD and I have an enormous amount of problems.

Further if a DRO can not see for him or her self I warrant max ratings I expect nothing less that a new C/P exam at a different location with a different doctor and a different rater so there is an unbiased evaluation and decisions.

Mr. Veteran & Date

any advice would be greatful

[TLaff]

Hey people I just want you to know i really appreciate all your help!

I have revised my NOD let me know your thoughts?

NOTICE OF DISSAGREMENT

I totally disagree with the Regional Office Ratings dated April 13, 2010 due to the fact that the C/P Examiner did not follow protocol. I intend to dispute the decisions and ratings with a DRO Review first because of the following issues. I am asking that a DRO review my issues and reevaluate my issues and ratings and provide me a new C/P exam at the least based on the fact the doctor manipulated my range of motion and that is not allowed.

The issues are as follows:

Issue1. I disagree with the ratings for my Cervical and Lumbar Spine. The rating more closely approximates the criteria for a higher level. The C and P exam appeared to be inadequate, as the examiner stated, "I’m new at this so please be patient with me". Also noted the C and P examiner was a Dr. of Obstetrics and Gynecology, not an MD with a board speciality in Orthopeadic/backsurgery).

Issue #2 I disagree with the C/P exam due to the fact she did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head to get measurements she wanted causing extreme pain and the C/P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #3. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make, and, if so, please consider this as an informal claim for my thoracic pain and disability? (Please inform me).

Issue #4. My Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate it should be until November 4, 2008 and I ask for that to be corrected.

Issue #5. I am providing more medical records, doctors reports, ROM from a recent chiropractor and a Statement In Support Of Claim letter from me. I believe I should have a rating of 50% for my Lumbar spine.

Issue #6. I am also providing X-Ray photo of my Cervical Fusion and I believe I should have highest rating for that alone in which I have barely any movement at all because of it. According to the accurate ROM I am providing and the General Rating Formula for Diseases and Injuries of the Spine (40%Unfavorable ankylosis of the entire cervical spine).

Further: I have no problem with a DRO requesting a new C/P exam however I only ask that it be with a different doctor to obtain an unbiased examination. I only ask to be treated, examined and rated fairly; I did not ask for all the problems that I have.

[LarryJ]

Hey people I just want you to know i really appreciate all your help!

I have revised my NOD let me know your thoughts?

NOTICE OF DISSAGREMENT

I totally disagree with the Regional Office Ratings dated April 13, 2010 due to the fact that the C/P Examiner did not follow protocol. I intend to dispute the decisions and ratings with a DRO Review first because of the following issues. I am asking that a DRO review my issues and reevaluate my issues and ratings and provide me a new C/P exam. at the least based on the fact the doctor manipulated my range of motion and that is not allowed.

The issues are as follows:

Issue1. I disagree with the ratings for my Cervical and Lumbar Spine. The rating more closely approximates the criteria for a higher level. The C and P exam appeared to be inadequate, as the examiner stated, "I’m new at this so please be patient with me". Also noted the C and P examiner was a Dr. of Obstetrics and Gynecology, not an MD with a board speciality in Orthopeadic/backsurgery).

Issue #2 I disagree with the C/P exam due to the fact she did not use a goniometer device through the complete exam, she eyeballed allot of it. She forced my head to get measurements she wanted causing extreme pain and the C/P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #3. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make, and, if so, please consider this as an informal claim for my thoracic pain and disability? (Please inform me).

Issue #4. My Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate it should be until November 4, 2008 and I ask for that to be corrected.

Issue #5. I am providing more medical records, doctors reports, ROM from a recent chiropractor and a Statement In Support Of Claim letter from me. I believe I should have a rating of 50% for my Lumbar spine.

Issue #6. I am also providing X-Ray photo of my Cervical Fusion and I believe I should have highest rating for that alone in which I have barely any movement at all because of it. According to the accurate ROM I am providing and the General Rating Formula for Diseases and Injuries of the Spine (40%Unfavorable ankylosis of the entire cervical spine).

Further: I have no problem with a DRO requesting a new C/P exam however I only ask that it be with a different doctor to obtain an unbiased examination. I only ask to be treated, examined and rated fairly; I did not ask for all the problems that I have.

Those are my thoughts, after reading your NOD one more time, and taking into consideration the other very good suggestions that have been rendered.

[carlie]

TLaff,

Prior to submitting your NOD, is it possible for you to scan (omit personal info like name and claim #)

and post exactly what is stated in the Reasons and Bases Section of the Rating Decision, that you are filing this NOD on.

If you have already posted this info can you put a link to where it's posted.

[TLaff]

I will get it all scanned and upload soon, i will not be sending in my NOD for about a week. I will wait until i hear from you after reading my scanned info for any other suggestions. I believe i have other claims to make but not sure what all i can claim maybe you can advise me after seeing everything.

As far as my NOD this is my latest revision and i think it is fine.

NOTICE OF DISSAGREMENT

I disagree with the Regional Office Ratings dated April 13, 2010 due to the fact that the C and P Examiner did not follow protocol. The doctor manipulated my range of motion by force and that is not allowed and most of the answers she placed into the report are not mine. I intend to dispute the ratings with a DRO first for the following issues listed below. I am asking that a DRO review my conditions and ratings and reevaluate based on current and new evidence (attached) or at least obtain a new and accurate C and P exam with a qualified examiner.

The issues are as follows:

Issue1. I disagree with the ratings for my Cervical and Lumbar Spine. The ratings more closely approximate the criteria for a higher level. The C and P exam appeared to be inadequate, as the examiner stated, "I’m new at this so please be patient with me". Also noted the C and P examiner was a Dr. of Obstetrics and Gynecology, not an MD with a board speciality in Orthopeadic/backsurgery).

Issue #2 I disagree with the C and P exam due to the fact she did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head to get measurements she wanted causing extreme pain and the C and P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #3. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make, and, if so, please consider this as an informal claim for my thoracic pain and disability? (Please inform me).

Issue #4. My Orthopedic Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate it should be until November 4, 2008 and I ask for that to be corrected.

Issue #5. I am providing more medical records, doctors reports, ROM from a recent chiropractor and a Statement In Support Of Claim letter from me. I believe I should have a rating of 50% for my Lumbar spine.

Issue #6. I am also providing X-Ray photo of my Cervical Fusion and I believe I should have highest rating for that alone in which I have barely any movement at all because of it. According to the accurate ROM I am providing (attached) and the General Rating Formula for Diseases and Injuries of the Spine I warrant (40%Unfavorable ankylosis of the entire cervical spine).

Further: If I am to have a new C/P exam I only ask that it be with a different doctor qualified and knowledgeable with my conditions to obtain an unbiased examination. I only ask to be treated, examined and rated fairly; I did not ask for all the problems that I have.

[carlie]

TLaff,

I see you are following some of the suggestions that have been posted regarding

the wording of your NOD. In doing this your NOD is beginning to look better.

It will be good when you post the Reasons and Bases Section from the Rating Decision

you are filing this NOD on.

Then members will see how to form the best response, to VBA in your NOD.

[TLaff]

Is it possible for me to email it to you??? i black marker the personal but the scan was so good you can read through the black marker.

Terry

I will get it all scanned and upload soon, i will not be sending in my NOD for about a week. I will wait until i hear from you after reading my scanned info for any other suggestions. I believe i have other claims to make but not sure what all i can claim maybe you can advise me after seeing everything.

As far as my NOD this is my latest revision and i think it is fine.

NOTICE OF DISSAGREMENT

I disagree with the Regional Office Ratings dated April 13, 2010 due to the fact that the C and P Examiner did not follow protocol. The doctor manipulated my range of motion by force and that is not allowed and most of the answers she placed into the report are not mine. I intend to dispute the ratings with a DRO first for the following issues listed below. I am asking that a DRO review my conditions and ratings and reevaluate based on current and new evidence (attached) or at least obtain a new and accurate C and P exam with a qualified examiner.

The issues are as follows:

Issue1. I disagree with the ratings for my Cervical and Lumbar Spine. The ratings more closely approximate the criteria for a higher level. The C and P exam appeared to be inadequate, as the examiner stated, "I'm new at this so please be patient with me". Also noted the C and P examiner was a Dr. of Obstetrics and Gynecology, not an MD with a board speciality in Orthopeadic/backsurgery).

Issue #2 I disagree with the C and P exam due to the fact she did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head to get measurements she wanted causing extreme pain and the C and P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #3. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that's a separate claim I need to make, and, if so, please consider this as an informal claim for my thoracic pain and disability? (Please inform me).

Issue #4. My Orthopedic Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate it should be until November 4, 2008 and I ask for that to be corrected.

Issue #5. I am providing more medical records, doctors reports, ROM from a recent chiropractor and a Statement In Support Of Claim letter from me. I believe I should have a rating of 50% for my Lumbar spine.

Issue #6. I am also providing X-Ray photo of my Cervical Fusion and I believe I should have highest rating for that alone in which I have barely any movement at all because of it. According to the accurate ROM I am providing (attached) and the General Rating Formula for Diseases and Injuries of the Spine I warrant (40%Unfavorable ankylosis of the entire cervical spine).

Further: If I am to have a new C/P exam I only ask that it be with a different doctor qualified and knowledgeable with my conditions to obtain an unbiased examination. I only ask to be treated, examined and rated fairly; I did not ask for all the problems that I have.