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

[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

[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