Nod Letter

[sehinchee]

Please review the attached NOD and provide some feedback. This will be my first one.

NOTICE_OF_DISAGREEMENT1.pdf

[Berta]

It is well written- you made your points very clearly- is there any way the doctor would support what he told you in a letter to the VA?

I suggest as to the 100% Temp to tell them exactly why by medical evidence and by attaching the actual regulation too-and refering to it in the NOD-why you are eligible for the 100% temp.

I think you used the BVA case well- they often dont help a claim- but in this situation that also was a good point to make-

I sure have used them myself but only for specific reasons.

[Ron II]

Your first paragraph is adequate for a NOD.

[Berta]

http://www.hadit.com/forums/index.php?act=...=38&t=14006

That link looks weird but I think that is the post I made last year for you with those Temp 100% regs in them.

[sehinchee]

Berta,

I have submitted the following additional evidence with the NOD letter

1. 2ea. buddy statements from co-workers that attest to the issues I still have.

2. Letter from doctor which backs up my statements in the NOD letter

3. Copy of medically necessary letter for a knee brace

4. copies of perscriptions for anit inflamatory and pain medication

[Berta]

Great -I have had the VA turn on 3 or 4 NODs for my husband, for me, and for my daughter- and even on an old Pension error they made-I nodded it and also asked VA to CUE it and immediately I got proper award.All of above were awarded when I also attached the VA's own regs providing these benefits -to the NOD too.

Although the NOD should be concise and I do agree with Manitou there-still it should also be your first plan of attack to put them on the defensive and then they have to reconsider what they sent you that you nodded.

I also suggest that any vet filing a NOD who definitely believes that their SC conditions warrant TDIU consideration should also attach the TDIU form to the NOD and refer to it in the NOD.

Those generic short NODs (I disagree with the decision of --date---)I have seen prepared by reps and NSOs,with no rationale argument raised, are quaranteed to just string out the claim longer.

Edited May 2, 2008 by Berta

[sehinchee]

Should you point out every single descrepincy that you discover in a C&P exam. For example, after looking at my C&P exam result for the 1348th time, I noticed the following:

IS WEIGHT BEARING JOINT AFFECTED: YES

DESCRIBE GAIT: NORMAL

Well the doc never had me walk, if she did she would have seen the obvious limp that I currently walk with.

ALSO

IS THERE LOSS OF A BONE OR PART OF A BONE: NO

The surgery reports that I submitted clearly state how much of my ferur and tibia where removed.

Should I bring this to their attention?