What Is Your Take On This?

[pilgrim01]

I initially filed after retiring in Nov 2008. I received 40% and they denied a "numbness/tingling" claim that I had submitted, one reason was no diagnosis. Three months after retiring I had another episode. My new doctor immediately took X-rays and MRIs. Disc protrusion, nerve root damage, foraminal stenosis, multi-level lumbar conditions, etc was found. This all happended while my initial claim was still being worked at the VA. As soon as I got the denial back (March 2009) about the numbness tingling, I filed a RECONSIDERATION (April 2009). My new doctor wrote a note to the VA that I submitted with my RECONSIDERATION saying that this was "consistent with the numbenss/tingling I have been having since July 2006". Well, the RECONSIDERATION had made it all the way to the Rating Team and they decided to give me another C&P for my back. During the exam, the doctor did a lot of writing. She once asked me after doing the leg strength test if I was right or left handed (because due to this numbness/tingling my left leg is now stronger than my right and I am right handed). Once I told her right handed, she did the test again, then wrote some more notes. I have been on Celebrex and Neurontin for about a year. I was also referred to Physical Therapy which didn't help. I have put off the pain injections for the time being as I am very afraid of needles going into my back. What is your take on my chances? I know the VA is very unpredictable but this waiting is wearing my out.

Edited January 23, 2010 by pilgrim01

[Commander Bob]

No, we did not file a NOD, we filed a RECONSIDERATION. I was denied in my initial claim for "no diagnosis", etc. After I retired the problem re-occurred 3 months after retirement and the first thing my new doctor did was check my back via x-ray and mri. That is when they found out why I was having this numbness/tingling going down my right leg to my right foot. Hence; a RECONSIDERATION was filed.

Look pilgrim, you received a letter of denial in March of 2009. You have till March of 2010 to file a NOD. You are allowed to submit evidence, exams, or request DRO reviews or reconsideration, however you still have one year from the denial letter to file that NOD. Now since you are a bit vague and I am an old obsolete soldier who may not understand the ever changing new rules over at the VA. I would strongly suggest that you talk to your Amvets rep about NODs, reconsideration, and timelines. or you may screw yourself out of a couple years of retro.

Question to the board members: Is a "request for reconsideration", now considered the same as a NOD???

Good Luck & best wishes for a successful resolution

Edited January 28, 2010 by Commander Bob

[Commander Bob]

The NOD clock is still ticking regardless of the reconsideration.

Thanks John999

[pilgrim01]

The NOD clock is still ticking regardless of the reconsideration.

Totally understand. Thanks.

[Berta]

yes- all are correct here and the VA will attempt to piss away your year NOD by hoping you rely on the Reconsideration Request and then never file the NOD on time.

(been there done that-I asked for Reconsideration on a SMC issue that produced a complete misinterpretation of the claim, and fully supported the CUE claim with plenty of legal evdence and rebutted their SOC etc but my NOD was filed days before the deadline for the NOD on this claim and just after the Lawyer for vets regs came out.)

Although the VA did acknowledge the Reconsideration request-they stalled on it hoping that NOD deadline date would come and that I would miss it.

In some cases a reconsideration can produce a faster and better decision.

Evidence is everything -

to support this type of request.

Anything they missed , or misinterpreted in the SOC and anything that they havent seen yet to warrant a higher rating,.

[pilgrim01]

yes- all are correct here and the VA will attempt to piss away your year NOD by hoping you rely on the Reconsideration Request and then never file the NOD on time.

(been there done that-I asked for Reconsideration on a SMC issue that produced a complete misinterpretation of the claim, and fully supported the CUE claim with plenty of legal evdence and rebutted their SOC etc but my NOD was filed days before the deadline for the NOD on this claim and just after the Lawyer for vets regs came out.)

Although the VA did acknowledge the Reconsideration request-they stalled on it hoping that NOD deadline date would come and that I would miss it.

In some cases a reconsideration can produce a faster and better decision.

Evidence is everything -

to support this type of request.

Anything they missed , or misinterpreted in the SOC and anything that they havent seen yet to warrant a higher rating,.

Thanks, Berta. I plan on giving them til the 1st of March, if I don't have a decision by then, I will file a NOD. My AMVET Rep (who works downstairs in the same building with my VARO) says he thinks I will have a decision by the end of Feb. (fingers crossed for a positive decision)

:)

[Jayg]

Thanks, everyone, for your replies. This forum is truly helpful, but I have to ask why everyone is so hard on the VA? I understand all the problems, delays, and lies they tell veterans just to "give them an answer", but some people are happy with their decisions. I know, they have treated veterans horribly, but there has to be some good in the VA. If you all look back down this post, try to pick out one positive response....... You can't because no one has anything positive to say about the VA, yet there are people on this forum getting checks deposited into their accounts every month, so they must have done some things right.

Please don't take my post the wrong way. I am just coming from church and I kinda felt bad for the VA. :-) I am not coming down on the forum because I love this forum and have gained a wealth of knowledge here, but it seems the VA can't do anything right and that is not true because, again, there are people on this forum getting money deposited every month, so, they get some things right...right?

Why hard on VA? Speaking solely for myself here based on my own experiences.

I posted my results in the "success stories" too. But--- that "success" came only after 5 years struggle, forced into bankruptcy while raters pass my file from desk after desk after desk, month after month, year after year. Years of watching my wife struggle to pay bills and keep us fed because I couldn't. To cry and beg on the phone for one more exception, or extension... Of having my VA doctor, my only doctor, as much as refuse to make a nexus statement or any statement for my claim. Of finally finding a doctor to write me an IMO on credit- to have to PAY a couple thousand dollars for a statement because the VA examiners blatantly lie and falsify records unpunished. Then of having a rater hold onto my file for weeks literally refusing to allow it to be given to people wha can release my rating...

The above is but a brief overview of the causes of my resentment. The amount of griping is only indicative about how widespread problems with VA are.

Nuff said.