kate7772

I'm ready to do a NOD for my husbands claims. Talked with VSO and not really sure about having them do it. They said they would do it and send to DAV to submit. From the info I've gotten here, the general consensus seems to be to send by return receipt. Especially important since my husbands one year is up on Sept 19. I'm also wondering if I would likely be able to include a more thorough NOD. Just need to make sure to include all necessary wording and requirements. Would appreciate input into what to include and best way and order to say it. Also, should there be a separate NOD for each condition? They were all on one claim. Or, if there are any good links to sample NODs. Thanks Kate

Sorry, could not copy to original post. Please give opinions on this IMO. These are my thoughts: This is an appeal for kidney disease my husband suffers from and we are claiming was caused by the contaminated water at Marine Corps Base Camp Lejeune (an uphill battle.) The report looks good to me but I do have a few questions I wanted to ask here before getting back with him. **It says he reviewed patient's medical records/testimony,lay statements, personnel records but it does not state he saw the service medical records or C&P file. He did see both and references the C&P opinion elsewhere but does not specifically list it. Should these two things be included in the list of what he saw? **My husband had two entries in his service medical records where he was treated for urinary issues and pain. These were a year apart and after exposure to the water. I thought maybe these would be important to include as the possible start of the problem but maybe not. **He referred to a reference which lists harmful chemicals known to cause the kidney disease my husband has but also includes in the list other items, such as: lead paint, cigarette smoke, sewage, whitening creams contaminated cereals, etc. I'm not sure these should all be listed. I'm thinking just pull out the chemicals he was exposed to and not leave it open for VA to say "Hey, these other items could have been a factor." We all know many things in the environment can contribute to medical issues but don't want to give unnecessary ammo. **The opinion doesn't use the exact wording "at least as likely as not" but does say "to at least the 50% level of probability." Is that acceptable to VA? **This next may be petty but I have a thing about spelling (not that I don't have issues with it also) and there are some in the report, likely typos. Should I ask that these be corrected or is that not a real issue? Just want to make sure we cover everything and give VA no reason to say something is not included or done right. We also have a statement in my husband's medical notes from his VA kidney specialist, saying that he feels the condition is at least as likely as not a result of the water. Any thoughts on this? Anything that I should make sure is included before sending the NOD? imocopypdf.pdf

I have an IMO that I would like to upload for opinions before submitting with a NOD. I know how to upload to the site but can't figure out how to cover the personal info. It is an attachment to an email. Tried putting it into Word but Word dies not allow PDFs. PDFs seem to not be changeable? Can anyone share how to do this? Thanks Kate

So, the reconsideration could stay active and possibly be ruled on before the NOD gets into the system? I feel it is close since it was already in pending decision approval before being sent back for C&Ps. Projected completion dates are Sept 9 to Nov 11. We do have very good evidence that was not in the original claim.

Does this cancel out the reconsideration or will it continue. It should be so close. Also, do I not need to send in my new evidence(diagnosis, IMO?). Actually, all evidence will be new since we sent in absolutely nothing before.

Who do you call for this? I have no idea who does them. Never had one. And, apparently they are sometimes done by outside sources? One is for hearing and one PTSD. Thanks Kate

The request for C&Ps is not on Ebenefits. This info is just coming from DAV and Peggy when we request a status. Assuming that is why it went back to "review of evidence." Apparently no appointments have been made yet, just requested. How hard can it be to make an appointment?

DAV told my husband today that he needs to file his NOD soon as the one year mark is coming up on Sept 19. He currently has a reconsideration in that we had hoped would be decided by now. We were waiting as long as possible so as not to mess up the reconsideration. DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO. That's not the impression I have gotten from reading here. Is DAV hopefully right about this? There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim. Thanks Kate

Last month my husband's reopened/reconsideration went to "pending decision approval" then about two weeks later went back to "review of evidence". Peggy and DAV say that on Aug. 9th C&Ps were ordered. We still have received no notice of appointments. Does this usually take long to get scheduled? My husband's one year date to file a NOD is coming up on Sept. 19th and we wanted to wait as long as possible on filing in hopes the reconsideration would be decided. Thanks, Kate

In reading this, it says the hearing officer does a review and he can decide there is enough evidence to make a decision at that point. If that happens, does it mean the whole process would then be a quick one? Thanks, Kate

If a person files themselves versus using a VSO, is the VSO able to see more claim info on their computer than we can?

Any other thoughts on this before I contact the Doc.? Thanks, Kate

Received an IMO and the doctor asked that I look it over for errors and let him know. This is an appeal for kidney disease my husband suffers from and we are claiming was caused by the contaminated water at Marine Corps Base Camp Lejeune (an uphill battle.) The report looks good to me but I do have a few questions I wanted to ask here before getting back with him. **It says he reviewed patient's medical records/testimony,lay statements, personnel records but it does not state he saw the service medical records or C&P file. He did see both and references the C&P opinion elsewhere but does not specifically list it. Should these two things be included in the list of what he saw? **My husband had two entries in his service medical records where he was treated for urinary issues and pain. These were a year apart and after exposure to the water. I thought maybe these would be important to include as the possible start of the problem but maybe not. **He referred to a reference which lists harmful chemicals known to cause the kidney disease my husband has but also includes in the list other items, such as: lead paint, cigarette smoke, sewage, whitening creams contaminated cereals, etc. I'm not sure these should all be listed. I'm thinking just pull out the chemicals he was exposed to and not leave it open for VA to say "Hey, these other items could have been a factor." We all know many things in the environment can contribute to medical issues but don't want to give unnecessary ammo. **The opinion doesn't use the exact wording "at least as likely as not" but does say "to at least the 50% level of probability." Is that acceptable to VA? **This next may be petty but I have a thing about spelling (not that I don't have issues with it also) and there are some in the report, likely typos. Should I ask that these be corrected or is that not a real issue? Just want to make sure we cover everything and give VA no reason to say something is not included or done right. We also have a statement in my husband's medical notes from his VA kidney specialist, saying that he feels the condition is at least as likely as not a result of the water. Any thoughts on this? Anything that I should make sure is included before sending the NOD? Thanks, Kate

I know no one knows how long. I guess I just want a little encouragement that it won't be long. Peggy says that my husband's claim says that there have been C&Ps ordered for his contentions. Does it usually take long to get them scheduled? These are on a reconsideration with a date of Sept. 19th to file a NOD. Just (probably foolishly) hoping that this can all be finished before that time. Claim went from "review of evidence" to "pending decision approval" on July 7th, then back to "review of evidence" about 1-1/2 weeks later. I am watching the calendar and will file at the beginning of Sept if we've heard nothing but still hoping. Thanks Kate

My husband was recently diagnosed with peripheral neuropathy. He was at camp Lejeune and it is presumptive but must be diagnosed within a year of exposure. Exposure was many years ago so he cannot file a claim on that. Diabetes is a common cause and that is presumptive due to agent orange which he also was exposed to in Vietnam but my husband is not diabetic at this time. He has been borderline for a while but he is short of diagnosis. Is it claim able in any way? Thanks Kate

But if you answer no to the feeling sad, they will assume you are not sad, right? Do they give an option to answer yes but I know what causes it?

Can this be used for a NOD to get a date started while getting all the evidence together?

Is the manual replaced each year free of charge or do you need to buy a new one?

Need some advice please. My husband's claims were denied in Sept. 2013. In August, one month before the denials, on the very bad advice of his VSO, a claim was filed for unemployability. We were really lacking knowledge in all this and just did what told. Since then, I've spent a lot of time on this forum and gained much more knowledge. I now realize the unemployability should never have been filed. My husband still is working (about 16 hours a week.) Really difficult to do and causes great stress due to his PTSD symptoms as well as symptoms for kidney problems but is working. A month after filing, the claims for kidney, tinnitus and PTSD symptoms (recently diagnosed) were denied. He filed a reconsideration with new evidence for the PTSD and Tinnitus in April 2014. The kidney is on hold while waiting for IMO. After this reconsideration was received, they listed Tinnitus as a reconsideration and the PTSD as new (apparently because the PTSD was originally not filed as such but as anxiety, irritability.) At the same time, the unemployability which was at the "preparing for decision" phase was taken from there and listed as a new claim. Recently, the claims went from review of evidence to awaiting decision approval and now just went back to review of evidence. I assume this was because it was noticed that there were no C&Ps done. My concern now is if we should withdraw the unemployability claim since clearly it is not a valid issue at this time. I wonder if this will just hold things up more while they request all the employment forms, etc. required. We are hoping to get a ruling on the reconsideration of these claims before the one year is up on Sept. 19th and not having the unemployabilty claim delaying things may help to speed the other issues up. I think they should have all info. needed for the other claims with the exception of the C&Ps which hopefully they will order soon. Would withdrawing the unemployability claim mess anything up with the other claims? And, how is this done? Can we do it in ebenefits? DAV is the current VSO but not really helpful in any way and hard to get in touch with. I don't want VA to think we are withdrawing all the claims. Thanks, Kate

So, it's okay to file a NOD while waiting for the reconsideration to be looked at? You can have both going at this same time? Seems like it would mess things up. If you can do that, the advantage is that you would be in the waiting line at an earlier time than if waiting until just before the one year date to do the NOD.

But, if they are not past their one year date and it is decided in their favor, they don't lose the original date, right?