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Quibley

Nod For A 0% Rating

Question

This is a first draft, could some of you please give me some feedback and suggestions to my first NOD?

Thanks in advance,

Quibley

Notice of Disagreement

Department of Veterans Affairs

Xxxxxxxxxx Veterans Affairs Regional Office

XXX X. XXXXXXXXX Street

XXXXXXXXXX, XX

July 30, 2010

This is a Notice of Disagreement (NOD) with your rating decision dated December 22,2009, which established service connection for residuals, fracture, right 5th metacarpal and assigned a disability evaluation rating of 0 percent.

The basis for my disagreement with the 0 percent rating decision is as follows:

1) The examiner did not accurately report my claims with regard to pain. The decision states: “On VA examination dated October 26, 2009, you reported that you experience right hand pain with prolonged typing and writing for ½ hour continuously. You also reported that you have right hand spasms when the weather gets cold..” While the above quotation is accurate, the examiner failed to include my statement that I suffer spasms, limited motion and dexterity, and moderate to severe pain whenever I use my right hand in a continuous manner for periods approaching one half hour. When the weather is cold, that time frame for onset of pain can be as little as 5 minutes, and in the event of very low temperatures, I experience pain without the continuous use of my right hand.

2) During the examination the examiner stated that following repetitive use, there was no evidence of pain, fatigue, weakness lack of endurance or incoordination. The examiner instructed me to touch each of my fingers to my thumb in a counting motion about 4 to 5 times lasting a total of approximately one minute. It is my contention that this very limited test did not last nearly long enough to stress the joint and witness the fatigue, loss of motion and pain that I routinely experience in my right hand after repetitive use.

3) X-ray of my right hand revealed a healed fracture of the 5th metacarpal and mild bowing in the volar direction of the 5th metacarpal as well as osteoarthritis of the interphalangeal joint and the 1st carpometacarpal joint.

4) Title 38 CFR , allows for a rating decision higher than 0 percent if there is X-ray evidence of arthritis with objective evidence of painful or limited motion of a major joint or minor group of minor joints, or multiple joint involvement. I have both X-ray evidence and painful and limited motion with repetitive use and additional painful motion from exposure to cold temperatures.

Based on these facts, I respectfully request that my service connected rating evaluation be increased to a level greater than 0 percent.

I respectfully request reconsideration of my rating decision and if the reconsideration does not result in an increase in the rating decision then I respectfully request that my claim be afforded a de Novo review as well as a personal hearing/meeting by a Decision Review Officer. If this appeal is not resolved favorably, please send me a Statement of the Case so that I may appeal this decision to the Board of Veterans' Appeals.

Respectfully submitted,

Quibley

CSS/XXXXXXX

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4 answers to this question

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"Based on these facts, I respectfully request that my service connected rating evaluation be increased to a level greater than 0 percent."

Always be specific in your requests for a percentage. I've not looked it up, but I'm sure that you have. State the maximum that your disability will allow.

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Looks good for me but before you write a percentage down be sure its max rating. If it was me I would say 100%

Nice short and sweet and you asked.

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Quib,

It doesn't look right to me.

In the beginning you post,

"This is a Notice of Disagreement (NOD) ...."

Then down in the last paragraph you post,

"I respectfully request reconsideration ....." - these are two separate things and when one submits a request for reconsideration

it must have some additional evidence with it - that when considered with the other evidence - might change the decision.

Next problem is,

"if the reconsideration does not result in an increase in the rating decision then I respectfully request that my claim be afforded a de Novo review as well as a personal hearing/meeting by a Decision Review Officer."

Again - these are two different procedure within VBA.

You request a Hearing with a Decision Review Officer (they will do a De Novo) prior to the Hearing without even telling you.

This M21-1MR link might be helpful to study.

Scroll down to Chapter's

4 - Hearings and 5 - Appeals

http://www.warms.vba.va.gov/M21_1MR.html

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Thanks much to all. I'm making changes to the draft. I appreciate your help.

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