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Nod/form 9 Question


luvHIM
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Question

As I have indicated in previous thread(s), I was granted a partial benefit on appeal.

In short, RO addressed my appeal from 2005 but not the NOD dated 05/2008. When do I file a form 9...have NOT received and SOC for the NOD dated 05/2008? Received SSOC Friday 13, 2009 informing me of their decision for entitlement to increase for my sc condition from 1979. They added the ankylosing spondylitis, which was addressed in the NOD but that was it.

Is that (the SSOC) serving as my response to the NOD? I can't get in touch with my NSO and I have all these questions. I didn't want to ask on here if they've already been asked. But I can't seem to find what I'm looking for when I do a search.

Should I wait for an SOC that specifically addresses the claim decision from 2008...before filing form 9...or not? Thank you, in advance, for responses...I could use your assistance with this. If I need to prepare a form 9, I believe I only have about two months. Right?

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As I have indicated in previous thread(s), I was granted a partial benefit on appeal.

In short, RO addressed my appeal from 2005 but not the NOD dated 05/2008. When do I file a form 9...have NOT received and SOC for the NOD dated 05/2008? Received SSOC Friday 13, 2009 informing me of their decision for entitlement to increase for my sc condition from 1979. They added the ankylosing spondylitis, which was addressed in the NOD but that was it.

Is that (the SSOC) serving as my response to the NOD? I can't get in touch with my NSO and I have all these questions. I didn't want to ask on here if they've already been asked. But I can't seem to find what I'm looking for when I do a search.

Should I wait for an SOC that specifically addresses the claim decision from 2008...before filing form 9...or not? Thank you, in advance, for responses...I could use your assistance with this. If I need to prepare a form 9, I believe I only have about two months. Right?

I would go through the IRIS system with these questions. They seem to be answering questions more thoroughly these days and it will give you a chance to write down what you want answered. Sometimes we forget to ask everything on the 1-800 line because we feel rushed. Sounds like you will have more decisions coming, but I would check to make sure. I am with you, they never seem to tie all of the pieces together for us. That would make it too easy on us, right ;)

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As I have indicated in previous thread(s), I was granted a partial benefit on appeal.

Have some issues been deferred ?

In short, RO addressed my appeal from 2005

Did Ro address all of the issues contained in your 2005 appeal?

but not the NOD dated 05/2008.

What issues were specifically contained in your NOD dated 05/2008 ?

When do I file a form 9...have NOT received and SOC for the NOD dated 05/2008?

A form 9 - Appeal to BVA is not filed until you have exhausted all avenues at your RO.

Received SSOC Friday 13, 2009 informing me of their decision for entitlement to increase for my sc condition from 1979. They added the ankylosing spondylitis, which was addressed in the NOD but that was it.

Was the SSOC from your RO ?

Your SC condition granted in 1979 was for what Diagnostic Code ?

What percentage was granted in 1979 ?

What percentage did they increase you to and on what Bases ?

Is that (the SSOC) serving as my response to the NOD?

Can't tell yet without the additional information I am asking.

I can't get in touch with my NSO and I have all these questions. I didn't want to ask on here if they've already been asked. But I can't seem to find what I'm looking for when I do a search.

Should I wait for an SOC that specifically addresses the claim decision from 2008...

Your referring to what, an SOC form the 05/2008 NOD, if so yes.

I would do an iris and ask if RO has finished addressing my NOD filed 05/2008

for issues:

1) XXXXX

2) XXXXX

3) XXXXX

etc...

before filing form 9...or not?

As stated above - you don't file a form 9 until you have exhausted all avenues at your RO.

Thank you, in advance, for responses...I could use your assistance with this. If I need to prepare a form 9, I believe I only have about two months. Right?

You don't know whithout the answers above if it is time to prepare a form 9.

carlie

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Thanks Mags1023 for your reply...I will do that.

Carlie, I will attempt to answer your questions:

Have some issues been deferred ?

I don't know if the issues have been deferred, I would venture to guess yes because I have 9 secondary conditions to the Ankylosing Spondylitis (AS) and a claim for entitlement to sc for Migraine headaches that were not addressed in the SSOC.

Did Ro address all of the issues contained in your 2005 appeal?

Yes

What issues were specifically contained in your NOD dated 05/2008 ?

Entitlement to SC (secondary to Ankylosing Spondylitis):

5240-5002 Ankylosing Spondylitis (Active Disease Process) with constitutional manifestations associated with active joint involvement (shoulders bilaterally, wrists bilaterally, knees bilaterally, totally incapacitating

5242/5003 Degenerative arthritis of the hips bilaterally secondary to Ankylosing Spondylitis (AS):

  • Osteitis Pubis of the symphysis pubis

5025-6354 Fibromyalgia secondary to AS— with widespread musculoskeletal pain and tender points, with associated fatigue, sleep disturbance, stiffness:

8100 Migraine: With characteristic prostrating attacks occurring on an average once a month over last several months

5276 (Pes Planus) Flatfoot, acquired secondary to AS: Severe; objective evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities with Plantar Fasciitis: Bilateral

5281 Hallux Rigidus secondary to AS unilateral (Left), severe: Rate as hallux valgus, severe. Severe, if equivalent to amputation of great toe

7621 Uterus, prolapse-7629 Endometriosis secondary to Osteitis Pubis (secondary to AS): Incomplete, through vagina and introitus with pelvic pain not controlled by treatment

6018 Conjunctivitis, other, chronic secondary to Fibromyalgia: Active, with objective symptoms

[Costochondritis] rate as 5321 Group XXI. Function: Respiration. Muscles of respiration: Thoracic muscle group (Severe or Moderately Severe)

Was the SSOC from your RO ?

Your SC condition granted in 1979 was for what Diagnostic Code ?

What percentage was granted in 1979 ?

What percentage did they increase you to and on what Bases ?

Yes

Chronic lumbosacral strain

0 (zero) percent

40% on the basis that:

"...a clear and unmistakable error was identified in the adjudication of my claim for increase in the rating decision dated August 29, 2003. 10 percent is granted for chronic lumbosacral strain with ankylosing spondylitis effective May 29, 2003. 40 percent is granted from October 4, 2004. (THIS IS A PARTIAL GRANT OF BENEFITS ON APPEAL) (The medical evidence and opinion of two VA physicians were the weight of the SSOC) We find that evidence of record is in equipose, evenly balanced, and therefore reasonable doubt is decided in favor of you. Since both the injury to your back and the ankylosing spondylitis were a result or began in service, we are unable to separate evaluations for these conditions and service connection for chronic lumbosacral strain with ankylosing spondylits is established effective October 4, 2004.

Yes, the SOC in question is for the claim dated 05/07 and NOD'd in 05/08. I will send IRIS specifically pertaining to this particular claim. I just sent an IRIS a week ago pertaining to the PTSD claim. I mailed an inquiry letter to my NSO but no response, yet. So, I will take the advice of the both of you and send an IRIS.

Thank you for your help. Carlie, hope the above info helps clarify things a bit.

Edited by luvHIM
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Carlie, not sure if you've seen my last post. So, I am bumping it up again because I'm still unsure if I should wait for the SOC. I believe I am, if I have read and understood the appeal process regs correctly. But anyone is welcome to chime in.

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If the recent SSOC did not state other issues were deferred- they probably weren't- unless

this SSOC appears to be solely for them callin a CUE on themselves-

it seems like this is separate issue from any pending SOC from them-due to the more recent NOD.

Iris-I agree- might be able to straighen this out as I would think you still have a SOC pending.

Thanks for sharing this all because it shows all here that the VA can and will CUE itself.

They dont do that enough however and a vet should never hesitate to ask the VA to CUE itself if they erred legally to the detriment of the veteran in any pending claim decision.

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Thanks, Berta. I wish I could take credit for coming up with such an idea...but the truth is that I got the information from right here on HADIT and a lot of it from you. But I did as you have been pounding in us to do...USE THEIR OWN REGULATIONS against them. I didn't discuss why I thought the rating was wrong or anything like that. I just used their regs and worded my NOD in a fashion that simply used their own regulations. And, it obviously got some attention because they changed their decision to a favorable one.

Also, you are right...I do have another SOC pending for the claim dated 05/07. This recent decision for claim dated 05/2003 was on appeal and ready to go to the BVA. The appeals team pulled the claim and reviewed it again rendering an SSOC, which awarded or granted the claim.

However, the claim dated 05/07 was denied in 05/08 and I sent an NOD the same month. That all is still pending. But, the Ankylosing Spondylitis was granted as service connected in the earlier decision (05/03) and now it is just the conditions that were secondary to the AS that are deferred, or at least should be. NOTE::The secondary conditions were denied on the basis that the AS was not service connected. But they back dated service connection for the AS to 2003...so that changes a lot of things with this claim dated 05/07. It also included the TDIU.

AM I making sense? At any rate, I will send the IRIS today.

Edited by luvHIM
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