jessie0054

Hello i am about ready to send in the letter of NOD and the form VA9. I have copies printed from the original Xrays of my son's back after surgery that shows the placement of the plates and screws in his back that prevent him bending or twisting. Will the VA accept these as evidence?? Also i have a picture of his back right after the surgery [ 2-3 days] that shows the 20inch incision with they accept this as evidence?? or should i just forget about sending these?? Thanks Jessie

bobbyq: Thank you very much. I'm going to print this out so i don't forget what to ask for. Again Thank You Jessie

Torvald: Thank You very much!! Your right that sounds much better!!! I'll make those changes. Thanks again Jessie

John999 Thank you for your reply. That would be a very good idea, And it might work!! I appreciate all your thoughts, Thanks Jessie

Thanks again!! I appreciate all your thoughts and help!! Jessie

Pete, Thank you again!!! I would have not thought of the Social Worker and i'm sure my brother doesn't know he has one. I am going with him to the VA on Monday. We will look them up. I don't know what i would do if it wasn't for you guys and gals here on hadit. I know i can could on you all for the answer. Thanks for being here. Jessie

Thanks Pete: I have sent the Form 9 to my son for him to sign and will add that attached statement in the letter. I am just waiting to get everything ready to send out when i get it back from him. Jessie

Hello: We just found out today that my brother now has liver cancer. Anyway to get his claim for A&A speeded up?? Thanks Jessie

Hello again: I am trying to write the NOD letter for my son. Can you look it over and give me any pointers [ Be gentle it my first time!!] Dear Sir/Madam I received a rating decision dated November 20th 2006. Consider this letter to be an offical Notice of Disagreement [NOD] regarding the following disability: Degenerative Disc Diease of the Lumbar Spine, Rated at 10% I disagree with Rating decision due to the following reasons: [a] At no time during my C&P examination on October 4th 2006 did the examiner measure my range of motion with a goniometer. Title 38 part: Accurate measurement: Accurate measurement of the lenght of stumps, excursion of Joints, dimensions and location of scars with repect to landmarks should be insidted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinatios conducted within the department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported. The Range of motion measurements used in my rating decision were results taken from the December 9th 2002 examination done by Dr. C----- 4 years prior to my C&P exam [ this record is in my file. [c] The C&P examiner stated on page 28 of his c&p report this " The Range of Motion was deffered because he [ the examiner] didn't want to risk a Flare Up of my back pain. [d] The examiner also stated in his report that i was to avoid twisting, bending or stooping. [e] On page 29 of the C&P exam on October 4th 2006 the examiner also writes that there are effects on my usual daily activies = Chore= moderate, Exercise= Moderate, Sports=Prevented. [f] The examiner also wrote that i only have intermitted low back pain which you treat with non-steroidal anti-inflammatory medication as needed. THIS WAS NOT A TRUE statement. I was taking on a daily routine basis as perscribed by my pcp for my chronic back pain the following medications and dosage; Aleve 220mg tablets, 2 tablets 4 times a day. Flexeril 10mg tablets, 2 tablets 3 times a day. Gabapentin 300mg capsules. 3 capsules [900mg] 3 times a day. At the time of the C&P exam i had just broken on right wrist the day before and was on Demerol 50mg tablets 1 tablet 4 times a day. In March 2007 my pcp added an analegsis ointment applied to my back 4 times a day. [g] The side effects of my medications, Drowsiness, dizziness, incoodination, mental confusion also interfer with my activies of daily living. Puts myself and others around me in danger on the job and while working. [h] The C&P examiner also wrote on page 24 of the exam report " The lumbar spine condition more likely than not prevents him from working his mechanic job in my opinion. Mechanic work would require him twisting, bending and stooping which should be avoided. [Please see the attached Job description for a mechanic] The Examiner also wrote " he [me] states Range of Motion of the l spine is not additionally limited by pain, fatque or repetitive use and that the additional loss of motion due to pain, fatique, weakness or lack of endurance. He answered "No" This is not a fair and true statement as i was not ask about the above statement during the exam. If i had been ask i could have told him that just about any activity that i have to use my back for causes Pain. Standing to just wash the dishes i have to avoid the usual twisting and turning mmotions. i step from side to side. Same goes for sweeping the floor. I try to do whatever i can to avoid a flare up. [j] Ankylosis is mentioned in the decision letter. Due to the 2 level disectomies and the spinal fusion fixed my lower spine in a neutral position [ zero degrees] But it wasn't taken into consideration. [k] Statement in the decision letter states: Follow up report 6 weeks after surgery you reported only mild discomfort in the low back with no recurrence of radicular pain down the right leg. Dr C----- provided the opinon that you would be able to be gainfully employed with limitations on heavy lifing by the end of june 2006. I was still at that time at 6 weeks post surgery still taking large doses of Narcotic pain medications. I'm sure that would have had a strong influence on the level of pain i was experencing on that day and things i might have said. I didn't seek treatment of the addiction i had developed over the prior 10 months before surgery until sometime in July 2006. As for the limitation as to the heavy lifting he placed on me i was not employed at the time i was under Dr C------ care and hadn't worked since July of 2005 so he wasn't aware that i was a diesel mechanic by profession. The only work i have done or trained for since getting out of the military. It requires actions and movements that i can no longer do due to the 2 plates, rods and screws in my back tha prevent these actions. [l] The last statement in the decision letter " since there is likelihood of improvement, The assigned evaluation is not considered permanet and is subject to future examination" Please see the attached NEW MRI dated October 4th 2007. My condition continues to deteriate and now includes changes to the T11 and T12 as well as new changes to L1-L2, L2-L3,L3-L4, L4-L5, L5-S1. Also see the New Progress notes attached with new stripations placed on my activities by my pcp as to no Prolonged Sitting or Standing. [m] i beleive the whole picture of my disability warrants a highter rating of at least 40%. I fully intend to continue to appeal until the benifits i seek have been granted. I am requesting a DE Novo review. I will be waiting your reply: Sincerely: Anything i need to change?? Add?? Thanks Jessie

Thanks Pete: I found it. Jessie

Thanks Pete53: I knew i could count on you for guidence!! Where do i get the Form 9 ?? Jessie

Hello Everyone. My son filed a claim in Feb 2006 for DDD/ Lumbar Spine condition and received a rating of 10% and at the time he still had 2 issues on deferrment. His rating decision on the back was dated November 27th 2006. I wanted to file a reconsideration on the rate at that time because they didn't even consideration the fact that he had a multi level fusion in his low back and they didn't do a ROM at the C&P. But i took his SO advice to let these other issues that were on deferrment get settled first and then ask for a reconsideration of the rate on his back with new evidence. I totally lost tract of time!!! And got wrapped up in the Reconsideration Claim for an increase in the rate he was given in his claim for Polycythemia Vera with phlebotomies which they rated in March at 0% and should have been given a 40% rating because he is receiving phlebotomies at every 3 weeks now. Anyway!!! Just yesterday i received a copy of his last MRI on his back from the VAMC at Charleston, SC along with other records of treatment for his back with complaints of increasing level of pain and numbness to his lower extremties and feet. So it is now too late ti file that reconsideration for an increase in the rate on his back OR do i now file a NOD. Thanks!! Jessie

Paul i forgot. Be sure to ask for them by name Inpatient/Clinical Records. Jessie

Hello Paul: I had to ask for these Active Duty Inpatient/Clinical Records on the Form 180 giving the Name of the Hospital you were treated at and a date. Day if known or a month and year. They sent them in 2-3 weeks. Good luck. Jessie

Attn: jbasser!!! I have the form 21-4138 ready to send in. Do i send any new records in with this as i am trying to get them to respond to the Letter of reconsideration sent in May 07. That they are calling a reopened claim!! Jessie

jbasser: Thanks for your guidence!! The Phlebotomy reports i was referring to are NEW since we wrote the Letter of Reconsideration back in May 07. So i'm not to submit any new records? Just a copy of those already in the file with the " information per Va record, Not New" on each page? I don't want to confuse them anymore than they are already!! Jessie

jbasser, one more question!! When we send in the 21-4138 do we go ahead and send the last 6 months of Phlebotomy records and the results of the recent blood studies that confirm his diagnosis of Polycythemia Vera which was the diagnosis and was Service Connected that gave the 0% rate in the first place that we were asking for the reconsideration for to bring the rating up to the 40% rate which it should have be awarded in the first place. Or would this further complicate the issue?? Thanks, jessie

jabasser: Thank You: This is what i was looking for!! jessie

Carlie: Thanks, I go read and see what this is about. Thanks again jessie

entropent: Thanks, I think i get it now!! Sorry so slow, My mind is working in overtime trying to work with My son, My husband, My brother and Brother in law's Claims. We are very confident that there is enough evidence submitted already to rate the claim that warrants the increased rating. It that's not enought evidence i still have 6 months of recent phlebotomy report. I just haven't sent them as i didn't want to slow down the decision. Jessie

Thank you for your replies: I agree that he should not miss another C&P if one is ordered. I had read that somewhere too! So if he does nothing and lets the claim go forward as a RE-Opened claim. does that mean that he will lose any retro back to the opening of the claim back to Feb. 06?? Jessie

jbasser I forgot to add that the claim was filed in Feb 06 it that make a difference. Jessie

Hello jbasser And thank you for your reply. His claim according to his SO 3 -4 weeks ago was surposed to have gone to the rating board to see that it was ready to rate.!! They[ the raters] were trying to determine at that time if he needed another C&P. The SO pulled his file and took it to the raters and told them that another C&P was not needed as he has all the evidence in the file to show that he has the condition and is receiving phlobotomies and that another C&P was a waste of time. The SO reported to me that if the rating Spec agreed then he would have it rated. [ that was then] No: it wasn't a denied claim he was service connected for the condition [ in April 07] but was given a 0% rate and he should have been given a 40% rate because he is receiving phlebotomies now every 3 weeks. He received the rating decision on this claim in April 07 and we ask for the reconsideration in May 07. So now what do we do!!! Jessie

Help!! Son just got off the phone with the folks on the 1-800 line. They are telling him that because he summited new material with his letter of reconsideration it is now a re-opened claim. When we sent the Letter of Reconsideration on the rating decision i sent copies of material that was already in the file and highlighted the areas i wanted them to pay attention too along with a article of the Blood Journal that gives the guidelines for the treatment of his diease to get them to understand that when his Blood HCT levels are above 45 he is to have a phlebotomy. [ he had been denied a phlebotomies by the VA because they said his HCT wasn't high at 52 and was within their norm.] They now want to schedule another C&P exam!!! What's the point!! All the evidence is in the file and just needs to be given the correct rate for the condition!!! His SO is out of his office and will be out for a long period of time due to his own health. So what do we do to get this thing moving again??? Anyone!! Thanks Jessie