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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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*Bergie*

Filed A Nod Last Week "read It"

Question

Well, last week I finally submitted the following NOD for lower leg edema that was denied in Aug 09. Along with copies of all MD notes pertaining to the lower leg swelling. As you can see I am not pulling any punches, hope you enjoy it.

Regards,

Bergie

This will serve as my notice of disagreement (NOD): Pertaining to the denial of service connection for "swelling in my lower extremities", now diagnosed as Chronic Venous Insufficiency(2 pages).

In the SOC dated August 19, 2009, you cite a statement from my VAMC medical record dated November 17, 2008. The note states "LE edema is new over past 6 months or so, but reports normal echo at Kaiser recently, and has normal echo here in 2006". Well, this statement by the resident doctor who examined me was misquoted and false. Consequently, I am currently working with the VAMC Patient Advocate to have the statement amended to correctly read as follows; "LE edema worsening over past 6 months", or otherwise removed. This false and misleading statement made by the resident is verifiable because as of November 17, 2008, I had never had an echo done at Kaiser.

Sadly, it's apparent that the individual who denied this claim never took the time to peruse my "COMPLETE" VA medical record. If they had they would have found that there is a number other documented doctor notes in my VAMC medical record to confirm that the edema has in fact been present from its onset in Iraq in 2003, until the present making it "chronic". What's more disappointing is the fact that VA guidelines state that the VA has a "duty to assist" a veteran in developing their claim. Well you failed, because you didn't thoroughly review my VA medical records, nor did you conduct a C&P exam to evaluate the stated condition. B)

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Did you ever have an ECHO done AFTER that date?

It appears that VA questioned chronicity as well as level of disability.(yet they diagnosed this as "chronic" venous insifficiency?)

I suggest that in the NOD you refer them directly to copies of any medical records that show chronicity as well as the venous insufficiency.

"Sadly, it's apparent that the individual who denied this claim never took the time to peruse my "COMPLETE" VA medical record. If they had they would have foun " etc etc

I would leave that out-(unless you sent this in already)- the VA knows they don't really take the time to peruse medical records.

We all do much better by referring them directly to specific entries or tests etc and then sending them highlighted copies of the actual records.

Has the VA ever given you an ECHO to determine this type of venous insufficiency?

Is this being claimed as secondary to a heart condition or diabetes?

Are you medicated for the edema?

How long have they medicated you for it?

Or- do you take any SC meds that could possibly cause or aggravate the edema?

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Did you ever have an ECHO done AFTER that date?

It appears that VA questioned chronicity as well as level of disability.(yet they diagnosed this as "chronic" venous insifficiency?)

I suggest that in the NOD you refer them directly to copies of any medical records that show chronicity as well as the venous insufficiency.

"Sadly, it's apparent that the individual who denied this claim never took the time to peruse my "COMPLETE" VA medical record. If they had they would have foun " etc etc

I would leave that out-(unless you sent this in already)- the VA knows they don't really take the time to peruse medical records.

We all do much better by referring them directly to specific entries or tests etc and then sending them highlighted copies of the actual records.

Has the VA ever given you an ECHO to determine this type of venous insufficiency?

Is this being claimed as secondary to a heart condition or diabetes?

Are you medicated for the edema?

How long have they medicated you for it?

Or- do you take any SC meds that could possibly cause or aggravate the edema?

Berta,

When I first filed the claim I did not have a diagnosis. The Chronic Venous Insuffiency diagnosis came recently. I did not post the rest of the NOD, but it contains copies of all the MD notes refering to the edema. I usually provide a chronological list with copies of the specific notes. I've learned that you have to do all the work for them or you might not win your claim. For some reason I failed to do that in this case and was denied.

Thanks,

Bergie

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If I had my "rathers", I would have redone this NOD

3 or 4 times prior to submitting it.

jmho,

carlie

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Bergie,

I really hope they decide in your favor on this.

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If I had my "rathers", I would have redone this NOD

3 or 4 times prior to submitting it.

jmho,

carlie

Carlie,

What do you mean by redo it, I think it is well put together. The part I have listed here is only a portion of the NOD, and the message here is that they F'ed up. I am merely calling them out and saying they blew it and I know it. I provided the medical documentation that they overlooked along with additional medical evidence that came after the denial in August.

Bergie

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