Nod

[Jim MAC]

Can you all read and Comment any ideas?

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Dear Sir

RE 314/10post

VA xxx-xx-xxxx

1, I received a rating decision dated 18 may 2007. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.

2, I was turned down for an increase in my 0 percent skin cancer on 18 may 2007. I believe at that time the rater had rated me fairly with the information he had in hand.

3 Since that time I have had 2 more skin cancer operations on my nose. I have been informed by my surgeon Dr Chung at the VAMC in Hampton Virginia that I still have cancer in has now moved into my cartilage. There is nothing else the VA can do for me and I will be sent out to a civilian surgeon for another operation.

4. Since January 1st this year I have already lost 10 days from work due to having operations and follow up care. I do believe that my medical records at the Hampton VAMC fully support an increase in my skin cancer because I am not cured nor have I been cure for the last 4 years.

6. I fully intend to continue to appeal any further denials of this claim

V/R

xxxxxx xxxxxx

VA Claim Number xxx-xx-xxxx

[Berta]

Jim-I would remove this if I were you-

"believe at that time the rater had rated me fairly with the information he had in hand."

It is a nice statement to make but may or may not be true as the cancer did get worse.

And add that 'Obviously my rating of "0" for this condition must be re-evlauated.'

Could you also refer to and enclose any med recs as to how worse this has gotten since their May 2007 decision?

Did they consider any scarring in last decision? I think you should check the scar regs too and ask for comp for any disfigurement or scarring from surgery if you meet the criteria in those regs for ratable comp on scars too.

[rentalguy1]

I agree with Berta. The only other thing that I would add is to put the rating criteria from 38 CFR4 in there and ask for a specific rating with a reasoning for that rating. If you don't ask, you only have yourself to blame when the lowball you.

Very well written! Good luck!

[luvHIM]

I think the advice given so far is good.

I just say re-read and correct any spelling and grammatical errors. Make sure what you want to say is accurately stated. The VARO does not read between the lines or add anything to what we write. So, if you meant to put in "and" (for example) they are not going to assume that. Check your work before sending thats all. For the most part, it looks good to me. Best regards.

[Ron II]

Can you all read and Comment any ideas?

Hi Jim Mac,

You had already nailed 99 percent of it and then got excellent advice.

Good luck friend,

Ron

[donews]

As always, Berta is on the money.

Good luck on your claim!

[free_spirit_etc]

You might want to also use the terms in the rating schedule. You have already recieved two more surgeries for local recurrance (which certainly should be above zero percent) AND as it has now no longer confined to the skin - a 100% rating should be given.

7818 Malignant skin neoplasms (other than malignant melanoma):

Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC’s 7801, 7802,

7803, 7804, or7805), or impairment of function.

Note: If a skin malignancy requires therapy that is comparable to that used for

systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more

extensive than to the skin, or surgery more extensive than wide local excision,

a 100-percent evaluation will be assigned from the date of onset of treatment,

and will continue, with a mandatory VA examination six months following

the completion of such antineoplastic treatment, and any change in evaluation

based upon that or any subsequent examination will be subject to the

provisions of §3.105(e) of this chapter. If there has been no local recurrence

or metastasis, evaluation will then be made on residuals. If treatment is

confined to the skin, the provisions for a 100-percent evaluation do not

apply.

Free

Can you all read and Comment any ideas?

Department Of Veterans Affairs

VA Regional Office

210 Franklin RD

Roanoke VA 24011

Dear Sir

RE 314/10post

VA xxx-xx-xxxx

1, I received a rating decision dated 18 may 2007. Consider this letter to be an official “Notice of Disagreement” (NOD) regarding the following disability. I am requesting a DE NOVO review by a new Decision review officer. I wish that the new Decision review officer use Sec. 4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.

2, I was turned down for an increase in my 0 percent skin cancer on 18 may 2007. I believe at that time the rater had rated me fairly with the information he had in hand.

3 Since that time I have had 2 more skin cancer operations on my nose. I have been informed by my surgeon Dr Chung at the VAMC in Hampton Virginia that I still have cancer in has now moved into my cartilage. There is nothing else the VA can do for me and I will be sent out to a civilian surgeon for another operation.

4. Since January 1st this year I have already lost 10 days from work due to having operations and follow up care. I do believe that my medical records at the Hampton VAMC fully support an increase in my skin cancer because I am not cured nor have I been cure for the last 4 years.

6. I fully intend to continue to appeal any further denials of this claim

V/R

xxxxxx xxxxxx

VA Claim Number xxx-xx-xxxx