Filing Nod

[hayley3]

My last claim was finally approved for 20% assigned so my overall is only 60%. So I wanted to file a NOD and list the 26 symptoms that they overlooked including the major one being my spine.

Someone sent me an IU form. Should I send it in at the same time? Is the 50% and the 20% enough? I'm confused about this because it says my combined rating is 60%. Which do they look at for IU purposes?

Also, I have more issues related to the 50% diagnosis, should I start a new claim for those?

Thanks,

Susie

Edited July 7, 2008 by hayley3 (see edit history)

[Berta]

If these SC disabilities prevent you from working , you should certainly apply for TDIU- regardless of your SC percent.

Under # 25 Remarks-you can refer them to an additional page, with your name , address, C file number on it and tell them the side affects of your SC meds and any other info they should know as to your unemployability.

If VA Voc RehaB ever turned you down for Voc Rehab solely for SC conditions-this too is evidence of unemployablity due to SC.

Also if you get SSA check Yes to box # 18 and tell them what the SSA is for.

Edited July 7, 2008 by Berta (see edit history)

[hayley3]

No I didn't apply for SSA because it took the doctors too long to figure out what was wrong with me. And the VA Dr that I have is not very supportive and I have not asked. I thought I'd give it a shot though. My medical records support it.

What about the other claim? Can I submit another claim while the other one is ongoing?

Susie

[Rockhound]

If your refering to SSDI and you VA claim, yes you can, but I don't know if It will effect the length of time your VA Claim may take, since the SS may request information on your SC disabilities to conferm any related medical evidence you may have submitted for your SSDI claim.

Just a bit of info:

SSA----------Social Security Administration

SSI---------- Social Serurity Insurance

This is what you get when you reach the qualifying age and apply for Social Security retirement

SSSA---------Social Security Supplemental Assistance

This is what you would apply for and hopefully get, if you do not have sufficiant Social Security withholding to qualify for regular retiremnet SSI. You should also apply for with your SSDI claim. The SSA will determine then if you have enough witholding to otherwise qualify for for SSI/SSDI

SSDI---------Social Security Disability Insurance

This is what you would be applying for, if you are disabled, not working and don't expect to be working due to your disabilities, for more than one year.

I may have gotten abriviations wrong, but besides the SSA the other three are the programs that Social Security manages. If the information is wrong, misleading, or can be better explained, please add your knowledge. This is my disclaimer, since what I have written is a basic understanding of the different abreviations floating around when things from Social Security are discussed.

Rockhound Rider

Edited July 7, 2008 by Rockhound (see edit history)

[mobie16r]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 4.16 Total disability ratings for compensation based on

unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where

the schedular rating is less than total, when the disabled person is, in

the judgment of the rating agency, unable to secure or follow a

substantially gainful occupation as a result of service-connected

disabilities: Provided That, if there is only one such disability, this

disability shall be ratable at 60 percent or more, and that, if there

are two or more disabilities, there shall be at least one disability

ratable at 40 percent or more, and sufficient additional disability to

bring the combined rating to 70 percent or more. For the above purpose

of one 60 percent disability, or one 40 percent disability in

combination, the following will be considered as one disability: (1)

Disabilities of one or both upper extremities, or of one or both lower

extremities, including the bilateral factor, if applicable, (2)

disabilities resulting from common etiology or a single accident, (3)

disabilities affecting a single body system, e.g. orthopedic, digestive,

respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple

injuries incurred in action, or (5) multiple disabilities incurred as a

prisoner of war. It is provided further that the existence or degree of

nonservice-connected disabilities or previous unemployability status

will be disregarded where the percentages referred to in this paragraph

for the service-connected disability or disabilities are met and in the

judgment of the rating agency such service-connected disabilities render

the veteran unemployable. Marginal employment shall not be considered

substantially gainful employment. For purposes of this section, marginal

employment generally shall be deemed to exist when a veteran's earned

annual income does not exceed the amount established by the U.S.

Department of Commerce, Bureau of the Census, as the poverty threshold

for one person. Marginal employment may also be held to exist, on a

facts found basis (includes but is not limited to employment in a

protected environment such as a family business or sheltered workshop),

when earned annual income exceeds the poverty threshold. Consideration

shall be given in all claims to the nature of the employment and the

reason for termination.

I hopes this helps

mobie

[hayley3]

Thanks,

Actually I was asking if I can start another claim. I am getting ready to file a Notice of Disagreement for my Arthritis. I know you're not supposed to submit a claim while you have one pending, but if the arthritis claim goes to the BOA, then I would have to wait years to file the secondary condition, so I was wondering if I could just send the NOD and also tuck in there a new additional claim for depression not related to the the diagnosis that I am NOD'ing (arthritis) but to my other condition. Since it's closed on their end until I send in the NOD, I was hoping it wouldn't affect anything.

I know that's confusing because I had a hard time trying to word it. Hopefully someone can understand me. LOL

Thanks,

Susie

[yoggie2]

I would fille out the form (IU) and if your goimg to File and NOD file it in away that shows, 1 The problem you have with the Dession and the reason you disagree ,underneith that list the VA criteria and if possible surch the VA site for BVA case or 2 supporting your Claim........ I my self would go for the IU First before I did any NOD if your injuries permit it, you have 60 day and this may be done right away, But how ever it is vary importanat on what you Injuries are, if they are not to privete, I'd list them here, they are good people here that can tell you ur chanes of IU and if NOD should be done right away some injuries are considered IU because you have MAxed out an injuy %, but it depends on the injury. Say if you working IU in my opinion will not be considered but its standard to send out an IU form when over a total of 60% for injuries to my undrstanding....

[hayley3]

I had already sent this to them but they completely ignored it, esp my spine (sacroiliac, thoracic, lumbar, and cervical) at the C&P exam. It says that in my claim I stated that my condition affects all areas of my life, but they didn't give me IU. I didn't send in the form though. I am not dead or anything and I do not walk like I'm 80, but some days I have a hard time, and I take good care of myself because I got sick so young. This is the list that I am sending them. Any advice appreciated.

1. Chronic fatigue-need to take naps frequently

2. Weakness-taking a bath wears me out

3. Malaise-I just don't feel good

4. Arthritis in feet/big toes (cannot wear shoes, painful toes)

5. Plantar fascitis (pain standing and walking, burning feet)

6. Pain in bones in buttock area (severe pain when sitting)

7. Dry eye/episcleritis/blepharitis/blurry vision/ghost images/eye pain (cannot see in indoor lighting nor to drive at night)

8. Secondary Sjrogen's dry mouth

9. Neck pain and stiffness, loss of ROM

10.Loss of lumbar ROM

11.Knee pain-hard to squat down and back up and walking down stairs

12.Migraines from TMJ

13.Scoliosis

14.Loss/Reverse of Lordosis

15.Gerd from taking NSAIDS for 26 yrs to alleviate the sacroiliac pain

16.Painful Spasms with movement

17.Herniated disks

18.Left shoulder pain that goes down arm and sometimes stiff fingers in both hands

19.Tenderness/pain in greater trochanter/hip (left) (hurts to walk, makes me limp, and hurts to sit)

20.Thoracic pain/burning when bending forward such as to wash dishes

21.Sleep deprivation from sacroiliac pain thru-out the night

22.Sacroiliac arthritis

23.Intermittent incapacitating episodes from sciatic pain (S1 radiculopathy)

24.Osteoporosis diagnosed at the age of 32

25.Cognitive functioning problems

26.Extreme, long lasting reaction to colds, flu and fever blisters

27.20 years of chronic pain

What 60 days are you referring to?

Thanks,

Susie

[yoggie2]

When you received a decision on your claim they well "normally" send a "from9" if you dis agree with there decision on the rating you received you get 60 days to file this form. But DAMN if you have all that documented they are going to put you on IU/PT I'd bet you just never filed an IU form when you filed your claim, they will contact you ex-employer to get his take, then they are supposed to form there opinion from this......

[hayley3]

There are a couple of iffy things like the Migraines related to TMJ. They could argue that one.

But the other thing I worry about is, I need to point out that they missed my spine problems, and they missed that I have Osteoporosis so I need to file a NOD for those. Those are the things that would help me get IU, I think.

On the form 9, don't I get that once I file the NOD? Just making sure because I missed the 60 day period the last time and instead of getting 5 years backpay, I got 8 months.

Thanks,

Susie

[yoggie2]

Susie, any points they may have missed, In your NOD request a Sit down DRO this will provide you with the opportunity to go over that you are questioning, plus you can keep on adding additional evidence. Folks here can provide you with the help you need. I am starting to get out side my pay grade at this point, file the IU and give reasons why your SC disabilities prevent you from working.

Edited July 7, 2008 by yoggie2 (see edit history)

[john999]

You don't want to send in a list of symptoms to the VA. You want to claim conditions that are service connected that result in disability. If you can group all those symptoms around a few major conditions you will get a better result. A list like that will probably cause the VA to wonder what you are claiming and they will ignore the whole thing. Remember you need some sort of nexus to service.

[hayley3]

I'm service connected for Reactive Arthritis and all these are symptoms/complications of that one disease. Some are subjective and some are objective. I didn't know whether to list the subjective symptoms or not, but figured if I didn't they would think I didn't have them.

I really don't think I'll get it, but I wanted to submit it anyway, since it is the reason I don't work.

Thanks,

Susie