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Nod Letter - Need Help!

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Draggin'

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OK here is my sample Notice of Disagreement letter.

______________________________________________________________________________________________

Part 1

NOTICE OF DISAGREEMENT

I am sending to inform you that I disagree with the decision made October 1, 2009 for the below mentioned issues. I wish to appeal this decision and request a DRO denovo review for all below mentioned issues.

Part 2

Issue #1 - Denied Knee Pain, left knee

Issue #2- Awarded Ankle Pain, right ankle

(etc...here I am just listing the decisions I disagree with that they either denied me on or awarded and the award is too low)

Part 3

REQUEST FOR RECONSIDERATION

I would also like to ask for reconsideration on the following issues

Issue #1 - Denied Knee Pain, left knee

(etc...here will be a repeat of the issues of Part 1)

Part 4

Also attached is an application for TDIU.

Sincerely

Signature

_____________________________________________________________________________________________

My questions...

#1 What do you think?

#2 I do not have specific information to send in with this yet. I do not have my medical records yet. Although it can be seen in my recent VA medical records that I have been , and am currently being seen for these issues. In all "issues" I am only stating the claim that was made and whether it was denied or awarded - no other details, no reason why I disagree, etc. Is this sufficient-just for now?

#3 Is it OK to send in an application for TDIU with this?

My deadline is the 30th, and I will be personally taking this to my RO to insure it gets there! We have tried to compile more information but it has taken everything to get the PTSD and marriage proof in...along with numerous trips to outpatient and VA Dallas to get my medical issues worked on. Is this good enough to get it started?!! How will I send in additional information later?

Thanks so much

Draggin'

 

 

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  • Content Curator/HadIt.com Elder

It might be worth driving to the VARO and getting your NOD copied and date-stamped when you deliver it. This way you would have proof that they actually did receive it before your NOD deadline.

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That's the plan!

Funny, last time we were there the lady said that she didn't have the time stamp and it was locked up and she didn't have access to it.

What's up with that?!!

So we want it copied after they date stamp their copy, correct??? Or will they just date stamp both our copy and theirs?

Draggin'

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Well, wife and I got the NOD letter done. OK, she did. She did such an awesome job on my PTSD stressor letter and proof (managed to get that one reopened and get me 50% first try!)

I'm including the NOD here. Yes there is a LOT there :ohmy: , and there was more in my original claim...(this was something advised by our VSO). And YES, I am young and yes these are legitimate issues, 90% of which were diagnosed and confirmed with C&P and simply denied service connection on a direct basis. And yes I feel like "poo" on a consistent basis. :wacko: I would have more information in there right now if it wasn't for the time crunch and due to the differences I've had with my first Primary Care doc. We're on our way to Regional Office tomorrow.

You can comment on the letter, not sure if it will do me any good before we leave. But I hope it may do some good for someone else for future reference.

Draggin'

_________________________________________________________________________________________________________________________________________

September 25, 2010

Department of Veteran Affairs

VA Regional Office

Attention: SS# - In Reply to: document #

To Whom it May Concern,

I received a rating decision dated October 1, 2009. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability/disabilities:

GERD 10% Awarded (#2)- The severity of this disability warrants a higher rating. Also, this disability causes secondary issues including the "Diarrhea and Excessive gas (#10)", "Chest pain and tightness (#22) " and "Ulcer (#36)" claims that were made on April 30, 2009.

Right Ankle Sprain 10% Awarded (#3)- The severity of this disability warrants a higher rating. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Lumbosacral strain 10% Awarded (#6)- The severity of this disability warrants a higher rating.

Patellofemoral Syndrome (Left Knee) 10% Awarded (#4)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Right Shoulder Strain 10% Awarded (#5)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered, including aggravating non service connected left shoulder strain and neck pain.

Migraine Headaches 0% Awarded (#8)- The severity of this disability warrants a higher rating. Coincides with right shoulder strain and neck issues.

Left Ankle Sprain (#9)- I disagree with the denial of service connection, also the severity of the condition has since increased. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Right Hip Pain (#15)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Hip Pain (#16)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Hypothyroid (#17)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Prescriptions have been doubled. Contributes to weight gain/obesity and GERD.

Patellofemoral Syndrome (right knee) (#18)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition (right ankle). I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (left leg) (#19) - I disagree with the denial of service connection. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (right leg) (#20)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Overweight / Obesity (#24)- This condition is a symptom of depression and PTSD and is aggravated by the medications for a service connected condition (PTSD).

Skin Irritation Between Toes (#28) - I disagree with the denial of service connection. I have had consistent problems with severe athlete's foot and my feet stayed constantly wet in my boots while in service. This is a condition I had to learn to self medicate and deal with, therefore, it slipped my mind to have it looked at by my doctor. It was not apparent during C&P exam, but it is a recurrent and painful problem.

Restless Leg Syndrome (#30)- I disagree with the denial of service connection. I am prescribed medication for this. Associated with service connected PTSD.

Pain and degenerative changes top of foot (both feet) (#31) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Shoulder Pain (#34)- I disagree with the denial of service connection. It also states in award letter #34 that "Service for left shoulder pain is granted.", but no award was granted. Also, this is aggravated by a service connected condition. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Snoring (#35)- This is caused by a service connected condition. (PTSD, depression, and associated sleep disorder and weight gain).

Right Wrist Tendonitis (#38)- I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Wrist Tendonitis (#39) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Plantar Fascitis, Bilateral (#41) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Chronic Fatigue (#43) - This symptom/condition was caused or intensified by medication currently prescribed for a service connected disability. (PTSD). Also this is a secondary symptom of service connected PTSD and Sleep Disorder.

Neck Condition (#44) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field. Related to service connected migraines and shoulder.

Nightmares (#40) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Nightmares have increased in severity in spite of medication.

Anxiety (#25) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Depression (#45) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that this condition was related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Memory Loss with confusion (#12) - I disagree with the assessment of the severity of this condition. Also, this condition is aggravated by the medications prescribed for PTSD.

Fibromyalgia (#37) - I disagree with the denial of service connection. Although there are verified sources of joint pain as explained in denial reason, there are still widespread and unexplained pains with no diagnosis, such as back, neck, hips, shoulder, all fingers, feet, and muscles etc.

I am requesting a “De Novo Review” by a new Decision Review Officer.

Sincerely

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