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Second Draft Of Reconsideration Letter

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hurryupnwait

Question

Decision

Service connection for Lumbar spondylolisthesis (no diagnostic code) is granted with a evaluation of 10 percent effective November 9, 2001.

Reconsideration

I would like to have a reconsideration of this rating. After reviewing my latest independent medical examination, October 2007, by Craig N. Bash M. D., Neuro-Radiology, a highly credentialed specialist in the field of my disability. Dr. Bash's exam was a physical examination with a review of my complete claims file.

Diagnostic Code 5239

Gives a 40% rating for forward flexion (range of motion) of the thoracolumbar spine 30 degrees or less.

Mine is 25 degrees. This causes me _____.

Diagnostic Code 5239-8520

22% moderate incomplete paralysis sciatic nerve, bilateral ( this is pain shooting down the legs). The pain in my legs ____

Secondly, this claim was opened in January 1973 and according to my remand letter from the Board of Veterans Appeals I was not sent a determination letter. On April 24, 1973 .I received the decision letter on this claim, I responded on May 18, 1973 telling them I disagreed. I was not advised that my claim was reopened. However, I was sent to a C&P exam on October 11, 1973, yet they never sent a Statement of Case on the NOD I filed with them on May 18, 1973.. Therefore, I was not provided with any information that the claim was denied, reasons for the denial, or information of how to further appeal. My claim remains pending.

If The VA did not consider the NOD I filed in May, 1973, a disagreement with their decision, they apparently considered it New and Material Evidence - and re-opened my claim at that time, as they sent me for a C&P exam after receiving it. However, I still never received any notification from the RO about the status of my claim after that point. Therefore, I was not notified of any decision.

If the RO considered my May 18, 1973 communication to be a NOD, my effective date would be Jan 1, 1973, the day I filed my original claim, as I never received a SOC following their receipt of my NOD.

If the RO considered my May 18, 1973 communication to be a request to reopen with new and material evidence, then my effective date would be June 1, 1973, (the date they reopened the claim), as I never received any notification of denial of my claim from the time it was reopened.

Under ___ I request that my claim for increased rating not be delayed -- Anyone know the reg that says that I can have the increase rating decided now and the EED issue decided later.

When I count my blessings I count my family and friends twice.

If you don't know where you are going, any road will get you there.

Well done is better than well said.

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Did they fully address Dr. BAsh's opinion in the decision?

Did they weigh it against a VA opinion or did they just ignore it?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Did they fully address Dr. BAsh's opinion in the decision?

Did they weigh it against a VA opinion or did they just ignore it?

They basically ignored his medical findings, they seemed to treat it as a medical opinion, instead of a physical examination with a review of the complete claims file. It canceled out the other negative opinion, this doctor did not do a physical exam, he just reviewed the claims file.

They then use the C&P exam done by a PA in October 2006 to do the rating. They quoted some of his findings verbatim.

Happy Trails

Paul

When I count my blessings I count my family and friends twice.

If you don't know where you are going, any road will get you there.

Well done is better than well said.

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