What Do I Say

[kryptos]

I have to file a NOD i talked to my primary doctor and he said he would do a exam of my back and neuroapthy of legs and left arm to submit to the va. what do i write in the NOD? I am very confused.

[Ron II]

I have to file a NOD i talked to my primary doctor and he said he would do a exam of my back and neuroapthy of legs and left arm to submit to the va. what do i write in the NOD? I am very confused.

It can be a simple letter addressed to the Regional VA that denied your claim that clearly states that you are filing a Notice of Disagreement for

____________________ (whatever they did not approve--be specific). Use the return address on your statement of case you received from the VA. You can also submit "new and material evidence" with the NOD letter if you choose.

That's what I did.

You will receive other comments on this subject.

Good luck,

Ron

Edited February 24, 2008 by Manitou Sprgs

[Wings]

I have to file a NOD i talked to my primary doctor and he said he would do a exam of my back and neuroapthy of legs and left arm to submit to the va. what do i write in the NOD? I am very confused.

x

x

x

You have one year to file an NOD, but the sooner the better. Gather your additional evidence and send a written document expressing disagreement with their decision. It does not have to be specific (though you may point to specific issues); you can simply tell them you generally disagree. In addition, you may send additional evidence in support of your claim after you have filed a NOD but before they issue a SOC.

See Overview of the VA Claims Process http://www.vetadvocates.com/overview/

[Ricky]

Kryptos - in almost every claim for PN a veteran will have to provide the results of an EMG test. I can not remember from your other post if you stated that EMG testing had been done or not. The EMG test will print the results indicating the current affect of the nerve involved which will be interpeted into mild, moderate or severe paralysis.

If you did have previous EMG evidence which stated PN was present along with the level then you need to refocus them on this.

If such testing has not been done then you need to have it done.

You are going to have to push the PN issue with all the evidence you can develop before any consideration for the depression due to pain will be service connected.

Keep in mind that EMG is not 100 percent fool proof. So even if the EMG test is negative your doctor can assist in getting it service connected. Do you use a cane? Brace? etc...... In the absence of a supporting EMG test the doc needs to provide a very good IMO with a very, very strong rational.

Good luck.

[Berta]

Ron is right- basically that is the way to start a NOD-

I see the NOD as the initial avenue of attack- meaning I feel you should not only tell them they are wrong but why they are wrong.

I dot feel a generic NOD ever helps a claim-

it should not be lengthy-but it should clearly say why the decision was wrong.

If they failed to list and consider any evidence you sent them or that is in your med recs- tell them that and attach it again.

If they did list evidence but failed to mention it in the decision narrative, tell them that and then say you are attaching it again for their consider.

Dont hesitiate to remind them of 38 CFR 4.3 and 4.6 as well as M21-1MR for any established VA regulation that says they MUST consider your evidence.Such as:

"b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc.

d. Medical Conclusions. Cite medical information and reasoning linking or separating two disabilities or establishing or refuting prior inception or aggravation. Medical conclusions must be supported by evidence in the claims file. Rating Veteran Service Representatives (RVSRs) cannot refute medical evidence submitted by the claimant with their own medical opinions. Rating decisions can cite recognized medical treatises or an independent medical opinion to support a conclusion. Such authority, when relied upon, must be identified in the decision.

September 23, 2004 M21-1, Part VI

Change 118

http://209.85.165.104/custom?q=cache:6qmIy...111066612"

and 38 CFR 4.3 and 4.6 - available here under search----

I copy the actual regs from the M21-1MR or 38 itself and then copy them into the NOD with the http source.

[cowgirl]

Ricky, I do have lumbar, leg and foot issues, but don't recall getting a emg from the va. Thanks for mentioning this test in particular.

What is the best way to reference this test and the pain?

Yes, disabilities and depression are partners but I'll never see depression matched correctly to my disabilities. cg

Kryptos - in almost every claim for PN a veteran will have to provide the results of an EMG test. I can not remember from your other post if you stated that EMG testing had been done or not. The EMG test will print the results indicating the current affect of the nerve involved which will be interpeted into mild, moderate or severe paralysis.

If you did have previous EMG evidence which stated PN was present along with the level then you need to refocus them on this.

If such testing has not been done then you need to have it done.

You are going to have to push the PN issue with all the evidence you can develop before any consideration for the depression due to pain will be service connected.

Keep in mind that EMG is not 100 percent fool proof. So even if the EMG test is negative your doctor can assist in getting it service connected. Do you use a cane? Brace? etc...... In the absence of a supporting EMG test the doc needs to provide a very good IMO with a very, very strong rational.

Good luck.