Reconsideration With New Information

[Raybob]

I had surgery while on active duty (retired this June 1st) and during each of 2 surgeries they cut and removed part of my skull (mastoidectomy and atticotomy). Annotations about cutting the skull with a diamond bit drill were in the SMRs I sent in with my original 21-526. During my C&P, they took skull xrays but the xray technician's report stated that the skull was normal. I intend to either file an NOD or request for reconsideration.

During a followup appointment with my ENT doc (the surgeon) last month, I showed him the VA comments. He scoffed and sent me down to have an MRI done which verified (he showed me on the MRI) that I have a 2 centimeter diameter hole in my skull from the surgeries (would be 10% SC based on the size). He also added this comment in my medical records and verified it with the MRI folks.

1. When I re- file with VA, should I request this as a reconsideration or just a NOD?

2. Also, I now have a CD with the MRI images on it. Should I also send that in with my request? ...or

3. Should I just send in the medical record notes where the doctor verified the 2cm hole?

(I am hesitant to send the CD if there is a chance the VA could lose it... not sure to send in or if they reschedule me for a follow-on C&P that I take it with me to that appointment instead. I can always get another copy of the CD though.)

Thanks for any advice,

Cheers,

Ray

[carlie]

All BDD process claims are done thru a VA office (North Carolina?) that is different from my RO (Philly).

Ray

Ray,

What Diagnostic Codes are you currently rated under and at what percentages for each disability ?

Just for the record in this thread,your Rating Decision is dated 9 July 2010 - you have one year from that date to file a NOD.

I hope other's will weigh in on the issue of jurisdiction here as I'm rusty on this one.

I'm thinking you might want to submit your additional medical evidence and request

for reconsideration to the NC VARO that did your BDD (and the Rating Decision in question).

That VARO would also still have custody and jurisdiction over your claims file and issues,

it is also the Agency of Original Jurisdiction.

Now if the NC VARO should decide a C&P is needed, then you would most probably need to avail yourself

to the VAMC in NC - or a QTC examiner in NC and you NEVER want to miss a C&P examination.

To me, it sure reads like this additional evidence is sufficient to service connect your skull loss and

provide a compensable rating.

The reason's I posted that I would submit a request for reconsideration (with the additional medical evidence) at this time (versus a NOD)

is that:

1) the reconsideration should be adjudicated quicker

2) with requesting reconsideration you are basically in agreement with the denial - BUT - feel that when this issue

is reconsidered along with this additional evidence, your claim issue is fully supported and should be granted as SC'd.

In order to get your claim issues resolved out of the Philly VARO you would first have to request

that your claims file be transferred to Philly.

A OIF/OEF vet I was helping out went thru the BDD Program also.

His initial Rating Came out of the Winston/Salem NC VARO.

He submitted a request for his c-file to be transferred to a Florida VARO.

If I remember correctly, it took a bit over five months just to get the c-file transferred.

I just did a search on your postings and it reads to me that alot of this has already been covered.

So, I guess at this point the question would be do you submit the reconsideration and additional evidence

to the NC VARO or the Philly VARO and have NC transfer your c-file and claim issues ?

I would do it thru NC if I could be sure I'm getting all of my VA mail from NC and could avail myself

there for any examination/s that maybe requested.

Also, I'm sure you know that with VA disability math - that getting this additional 10 percent rating

will not necessarily increase you from 90 percent to 100 percent. That would depend on if the actual

true percentage you are at now,

example if you are at 94.3 and your SC is rounded down to 90 percent then maybe this 10 percent

could round bring you to say 95.6 and they would round to 100 percent - I have no idea but this is

certainly possible.

Whatever you do - if you don't have another Rating Decision, SOC or SSOC PRIOR to

your June 2011 NOD time limit - be sure you don't miss submitting a NOD, if still needed.

I hope this makes sense and I hope it helps a vet.