Knock Me Over With A Feather

[johnjjr]

I posted on wed. I was unsure about filing a NOD on my Jan '09 decision. Well, I did. Hand delivered the papers to the RO wed. afternoon,got a signature and came home. 150 miles round trip but worth it. Out of curiosity, I called the 800 # this morning at 11:15 AM to see if it was in the system yet.I was told that this morning a DRO had requested a hearing on my NOD. I couldn't believe it, so I called again and was told the exact same thing. I was told on the second call that it will be after the first of the year before a hearing can be scheduled. Talk about the speed of light. I didn't know the VA could move so fast.

Do you think there is a legit reason for this or am I just being shuffled to meet someone's quota?

[Berta]

I forget if I asked already-are you still working-if not have you applied for TDIU?

[johnjjr]

I've had the PAD ultrasound. It was negative for PAD. I am not working but I'm waiting till appeals are settled to file for TDIU. Being at 50% now and using the ratings tables, I should get 80% to 100%. I get 10% each lower and upper extremity now at a mild DX and 20% for DMII. The severe rating is 60% for each lower extremity, 40% for dominant hand and 30% for passive hand. If I read the combined ratings table correctly, Va math rating should be 100% and then add DMII.

[johnjjr]

BTW Berta, I spoke to my VSO. He said and Iquote " We have a lock on the CAD appeal."

[Berta]

I agree that there should be no problem with that claim at all.

Glad to hear you don't have PAD.

My IMO doctor included PAD in his diagnosis -in 2004 for my claim- 10 years after Rod died.

The VA couldnt even get that one right.

We need a VA funny math expert here for the ratings on this-

[Chuck75]

One thing to note is that the VA & DOD treatment guide has some language in it that in essence, state that Diabetes can exist for on the average of up to ten years before it is diagnosed. Having said that, the VA's M21 has a decision flow chart that tells the RO to deny if the other problems were diagnosed prior to DMII. In other words the VA does not give credence to it's own medical treatment documents. Further, there was some evidence that the VA started to "disconnect" the problems associated with DMII after congress made DMII presumptive by editing the M-21 to remove language that linked the problems to DMII as caused or aggrivated.

Berta,

Didn't do it right but attach 3081 is decision, 3082 statements from C & P exams and 3083

is a list of DX problems as of Oct '09.

Yes I have been DX'ed with AHD.

MUGA scan in '01 at 48%, left heart cath in '09 at 50%.

I take simvastatin for high cholestorol.

yes to cataracts.

As I see it, everything hinges on proving I was diabetic prior to cath in '01. I have 2 hospital lab reports from '01 prior to cath showing glucose levels of 163 and 149.

do you think I have a chance with the NOD?

[johnjjr]

Update and question.

I received conformation that one hearing would be held for both NODs. Today I called the Appeals Management Board to see if a date had been set. I was informed that I would be going to Washington D.C. for a BVA hearing.

Can they skip the DRO hearing I requested and forward my NODs to the BVA without informing me?