Filed A Nod Last Week "read It"

[*Bergie*]

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)

[richcourt2]

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.

[richcourt2]

I can totally agree with what you are going through, as I am fighting with the VA about my claims.

Your comment about not reading your MD records. The truth is that most of the raters never experinced miltary life!!!