Received Partial Decision

[cannoncocker]

2 Questions not knowing whereelse to post them and they are in a general nature

1. The decision document stated:

Dated June 23, 2009

Claim submitted April 22, 2008

In the decision paper it stated:

We have deferred a decision on the following issues because we need additional information or evidence:

1. Chronic Anxiety

2. High Frequency hearing loss

We have requested a medical examination. You will be notified of the time, and place to report.

In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office.

The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009

KAY MARIE ARADO M.A.,CCC-A,FAAA

Speech, Language and Hearing Service Providers Audiologist

80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US

Tel: 828-684-8501

Which I completed. I have no other exams scheduled.

Do I just wait for the VA to act or can I fulcrum the system to schedule the exams by their own document states I should already have?

2. Chronic anxiety. This is tied to question 1 since no exams have been scheduled. I experience panic attacks chronic anxiety but I was a special weapons chief so it was not the sort os thing you would discuss if you choose to keep your job. i have document the orgin with the VA psychologist but does anyone have any suggestions they would putsue in this situation other than what I have done, ie maintain my VA psychologist appointments?

Last and only issue I have is I was denied Lumbar Spine injury with radiating pain. i was in the field artillery for 6.5 year in 155mm qnd 8 inch ronds with a smal frame 5'6" weight 130 lbs. I have an Emergency Room copy of my progress notes, but they naturally saw medical discharge written all over me since I was going to ets in about 2 months, but they did no x=-rays etc, described chief complaint as pain at waist level. Who could dodge an issue better than that? Who would walk in an emergency room for the first time in their life and tell the doctor I have pain at my waist line? That doesn't pass the laugh test. If you can move then do so towards the door. They precribed motrin and said hit the bricks. I went back later to my company medic for a change of medicine, which he gave me anothe nsaid type thing, after I took annual leave to recoup, which I had planned on cashing out.

I have 2 current MRI's which show one screwed uo lumbar with a pinch S1 Root Nerve which i take hydrocodone for. Various buldges, protrusions, extrusion, and degenerative disease.

Any suggestions to pursue a dissagrement with that decision?

If I should break this up and post elswhere please tell me.

Thank you for any help.

[sharon]

I would file a NOD on all your issues. If they don't mention a condition in your rating file a NOD on it. Deferred ratings should be appealed because they can just disappear off the radar. If you are granted SC for a condition I would also NOD that because you probably got low balled anyway. I went from 0% SC for a heart condtion mainly just because I appealed it and then produced some new evidence.

How do you file an appeal on a deferred issue if it has not been rated yet?

[cannoncocker]

Forgot to add to the response regarding the one claim that was denied, the lumbar injury which happened when I was doing PT, in particular sittups, which enduced transfixing pain, pain I didn't know God had created. This was while on active duty with notes form ft.Polk ER (pain at waist line, which is a symptom not a diagnosis) and my unit medical clinic, which changed the diagnosis to low back pain, which is a symptom, not a diagnosis. Still no x-rays which as a measly sgt I had no say in the matter, same as now.

[navydoc2]

I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me.

Actually the VA hasn't really treated me that bad. I don't agree with their asseeements in total but at least they were civil and would respond.

I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me.

Actually the VA hasn't really treated me that bad. I don't agree with their assessments in total but at least they were civil and would respond.

I'm starting to feel the same way about the DAV, they are representing me an and I've submitted a claim in Feb, and the only thing I've heard from them were three request for money but noting about my claim. So I feel your frustration canon

[john999]

Sharon

The way to cover yourself on an appeal of a deferred issue is to send in an NOD saying you believe that a decision should have been made in your favor because the VA has all the information they need to rate you. You got to remember that as soon as you get a rating the one year clock begins to run on your appeal rights. I don't take a chance. If issues are not specifically denied then you should appeal also because the VA may have three issues before them and grant one and ignore the others. That is as good as a denial and you need to NOD it. NOD all issues in your claim when you get a rating unless you are completely satisfied.

[cannoncocker]

I'm starting to feel the same way about the DAV, they are representing me an and I've submitted a claim in Feb, and the only thing I've heard from them were three request for money but noting about my claim. So I feel your frustration canon

Navydoc, I am starting to feel I need 1 of them. In all probability if you go ask somebody else you will get a different response but in my meager opinion and experience.

a. friday they are in tng. all day long and will not accept any communication if the us was going thermal nuclear they don't want to hear about it on Friday.

b. Fax them documents. I have never had a faxed document acknowledged except they complain to high heaven that you send them too much paper.

c. 1 in say 15 calls they will accept (only because I went over their check collecting selves).

d. they will return say 1 in about the sane for the same reason.

e. Once the heat is off, having gone over the head of the DAV RO Supervisor, they are back to business as usual, which to us means eat @#$%@ and die.

f. Local DAV branch submitted my claim on the wrong form and went down hill from there, lesson to be learned there, although kind and at least willing to help, they do not have the knowledge to help to in a meaningful way. you would be much better here and ask your question then let your gut be your guide on the approach you choose, since you will get numerous opinions on how to proceed.

I could go on but if you push back on the DAV you will be labeled a trouble maker, which doesn't matter since they have no intention to do anything but avoid you. Sad but a fact. I am not guessing on this, I lived it. Other RO's may be different. I hope so!

What to do? You need somebody on the inside of your VARO or at least that has access. That may be your US Congrssman's VA constiuent services Rep. or possibly your US Senator, less likely, or maybe another Veterans Service Organization. you just need somebody to track your claim and basically be in their face saying your name. A good inside source of info from the inside is very important to me.

I don't know how long you have been at your claim or what's up with it but in my non pro opinion I would not drop the DAV because you aren't going to get another Service Organization to take your claim once opened by another. You can read that they have all the GI's they need.

I would just ignore the DAV if their office supervisor won't light a fire underneath them, which is doubtful. I would start looking for someone with access that you can talk to face to face. I have been to the RO for both VA and DAV and it would be more fun walking buck naked through a filed of blackberries.

All of this is a fact. At least where I am.

That DAV, if you are just waiting on them, good luck on that.

john999, I printed what you had to say and will run it by my resident genius because I think you are right.

My question is still: what is the difference as in form, information, etc, and a request for reconsideration? I can't seem to get an answer to that.

[Berta]

"Last and only issue I have is I was denied Lumbar Spine injury with radiating pain."

:and I suppose this is more a request for reconsideration than NOD (not really knowing the difference). I attached the Active duty ER notes(only time I ever went to the emergency room..."

Do you have copy of the 4138? I assume this was stated as a formal Notice of Disagreement.

A Reconsideration Request is different- it appears the NOD was filed.

Basically the results should be the same- NOD and Reconsideration-

if the NOD was prepared right.

Many reps write a generic NOD just to get the claim off their desk.I think vets do much better if they write the NOD themselves because they can expand on the argument.

You can certainly add to the NOD by submitting an Addendum- just a brief letter stating that you are expanding on the NOD dated --- from the DAV on VA form 21-4138 by telling them why-based on the medical evidence they had- their decision was wrong.

(Unless the DAV did this on the 4138)

Go over the evidence they listed carefully to see what they could have missed.

Do you have the actual C & P results on the lumbar issues?

The actual C & P might be different than what they stated in the decision.

I cant determine from your post on this issue whether they are questioning the inservice nexus or the extent of this condition.They also might have questioned chronicity of this disability. ?

A NOD in my opinion can be the first line of attack and should emphatically raise the reasons their decision is medically incorrect based on the evidence they have.

Did they specifically refer to your SMRs at all?

Is the exact service nexus (link) established for this-meaning if this was due to your MOS -did they clearly seem to comprehend what your MOS involved?

Maybe you should IRIS them and ask since the Chronic anxiety claim was deferred-has a C & P exam been ordered?I am surprised they didn't state more info on that issue that they deferred.