NOD review hearing is FRIDAY!!!

[Navy4life]

So I am freaking out because a lot is going on right now and on top of it my NOD review hearing is Friday!!!  I am nervous but I think I have my timeline laid out and what I want to discuss with the hearing officer.  I still have yet to receive my missing medical records even though I have tried unsuccessfully over the past 1-1/2 to get them.  I requested them several times and most recently had my congressman assist me.  I see a FOIA request as of today but that won't help me with my hearing coming up Friday.  Without them I am up the creek without a paddle for my right foot fracture (NOD).  It sucks but all I can do is go in there and try to show that I requested them several times along with my other evidence I have.

This NOD is for my right ankle sprain (DENIED); right fracture 5th metatarsal (DENIED); and my left foot w/toe condition (DENEID) back in November 2014.  Original claim date was May 2013.  Since filing this NOD as some of you know, I do have a pending FDC claim that I filed on 1/12/16, and as we speak it's in Preparation for Decision.  Ironically it is for my right foot (fracture of the 5th metatarsal again) due to the left ankle giving out; left ankle increase; and 100% temporary convalescence for the surgery to the right foot.  I am not sure if I will WIN this FDC b/c the right foot has yet to be S/C since I have been waiting on this NOD, however, the left ankle is a direct result as to why I broke my right foot on 12/24/15....so we will see! I even have a great IME from my VA Podiatrist for this FDC

Regarding the NOD, I have SMR's reflecting the fracture to my left ankle in service, and the SMR's show toe/nerve damage when I did fracture the left ankle, yet I was denied left foot/toe condition and only awarded 10% Left ankle synovitis.  When I received the first Award letter with the denial to my toe condition they had it on the wrong foot!  They noted it on the right foot.  At that time my right ankle sprain and right foot fracture were deferred. I filed a CUE citing they adjudicated the wrong body part and requested they fix the error.

My right foot/ankle was sprained in service and the right foot/leg was injured in service HOWEVER I can't find any medical records to s/c the right foot 5th metatarsal fracture in service!  It sucks because I know I fractured it.  I have good letter from my VA Podiatrist Doctor for this NOD (New Evidence) (SEE ATTACHED), I have a picture of me holding my daughter with my left foot in a cast (circa 96), which was my second fracture to the left ankle/foot (new evidence), I have two additional SMR's I found pertaining to my left/right feet/ankles (NEW EVIDENCE), and I want to go over the previous submitted paperwork that was used for the basis of the denial.  The evidence already submitted is what I really want to focus on b/c I had two DBQ's provided by my podiatrist from the outside before I was able to see medical treatment from the VA stating BOTH my ankles had synovitis, as well as the toe condition (morton's neuroma); and feet issues.  All of this was stated by my private doctor back in 2013 that he reviewed my SMR's and that he agreed that my feet/ankle issues were related to my in service injuries yet the ONLY thing I was s/c for was 10% Left Ankle Synovitis!!!

Since this is an NOD and it is considered "De Novo" (latin for "from the beginning") I want to discuss everything with the review hearing officer and see if he/she actually reviewed the original evidence or not.  

I created a timeline for the NOD as well to discuss everything in order from the day I filed to present. I have to convince the reviewing officer that it was in service and s/c and that I should be granted the award.

I feel good about my left toe condition but my right foot not so much... 

It's kind of confusing b/c even though I have the NOD in, I also have the FDC in for the same right foot/left ankle crap LOL....

 

[Navy4life]

Two more days!  I am just trying to wrap my head around this whole process....