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Nod,cue And Appeal

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trailblazer

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I was recently denied on my tdiu claim and part of it was my fault. I didn' get the form from my former supervisor before they made the decision. The va said they contacted my former supervisor but he says he never received it and I believe him. They also said there was no record in my file that indicated I had a prescription for insulin. This info is in my private Dr's examination reports of which the va has a copy of which they didn't review. They also gave me a specialized eye examination which stated that I could count fingers at four feet with my left eye . I can't count fingers at two feet. The decision also said that my eyes had improved since my last evaluation and the current evaluation was not permanent. I see my private eye Dr. every six months and there is a lot of difference in the two examinations. Right now I am looking at an appeal, a nod and a cue. Is this the way I should persue this? BTW I take 116 units of insulin a day and they don't have a record. I think I am dealing with retarded people at the va.

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Do you receive SSA disability for these conditions?

Have you considered obtaining an IMO to state that these cponditions have rendered you unemployable?

Does any SC med you take have side affects that would hinder employment?

The statement from your last employer might be the key to an eventual TDIU award.

Can you obtain the statement yourself ? Do you know what form number it is? It might be a form on the VA web site.

Obviously they would need more info as to the insulin-they apparently didnt even attempt to get your private medical records-and I would think maybe this private doctor would be able to prepare a strong IMO for you.

:"This info is in my private Dr's examination reports of which the va has a copy of which they didn't review." They should have considered that as evidence.

"They also gave me a specialized eye examination which stated that I could count fingers at four feet with my left eye . I can't count fingers at two feet. The decision also said that my eyes had improved since my last evaluation and the current evaluation was not permanent. I see my private eye Dr. every six months and there is a lot of difference in the two examinations"

The private doctor could point out these discrepancies, He.she should have a copy of their actual C & P exam.

With evidence like this ( the employer statement and a strong IMO from the doc) this is good to use for a recon request.

It wont stop the NOD clock but could possibly bring a better decision faster.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Does the p.a. send all of the tests and x-rays to the VARO after my last C and P in Dec or just what he feels like? the blood tests were 4 pages but he only iclude two and leftout the one with 176 glucose, another abnormality in blood, and the page with the abnormailites noted on the x-ray? Should I get these 3 missing pages to the VARO to refute him and show the VARO what kind of p.a.'s they have working at their VAMC'S. I also think that they should be in my c-file for future claims. What do you all think about this?

sarcastic cane toad

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