Is It Best To File A Nod Or Recon Myself Or With A Vso?

[pilgrim01]

Your thoughts? Should I submit the 21-4138 myself directly to the VA or is it best to sumbit it through a VSO? Are my chances of success better with which one? Thanks!

Edited February 24, 2010 by pilgrim01

[carlie]

What is more recommended? A stamped copy of the documents showing you dropped them off or a certified mail receipt?

Also, when they stamp the documents, do they only stamp one or all of them?

Vync,

A certified mail receipt only shows that you sent SOMETHING

to the VBA - but does verify WHAT you sent.

When you actually go to your RO in person and submit something

you can request a date stamped copy of each page and usually get it.

I, at times at St.Pete, Fl. RO, have submitted a packet of information,

say about 50 - 75 pages and they would only provide me with a date stamped

copy of the first page.

Since then I always submit a 21-4138 as a cover page, briefly stating the issues and list all of the enclosures on that cover page.

Sometimes you might have to write it kind of small to get it all on one page

but it IS THERE and IS OF RECORD.

Even at that I still try to stand firm and get a date stamped copy

of each page - after all, I do need those for my file.

Always keep in mind it is best to approach VA employees with the

fact that, you are there because you need their help.

If they don't have any respect for that - then you start throwing the

appropriate regs out to them and request to speak with a supervisor.

Try to never get nasty or they WILL call security.

jmho,

carlie

[Vync]

Carlie,

That's cool.

Do they stamp it on the front or the back of the page?

Pilgrim,

When I had my C&P's in 1997 and 1999 for DDD, they did not use the goinometer. My ROM was garbage, but they still noted that I had full ROM.

[pilgrim01]

Pilgrim,

When I had my C&P's in 1997 and 1999 for DDD, they did not use the goinometer. My ROM was garbage, but they still noted that I had full ROM.

And what percentage did you get?

[carlie]

Carlie,

That's cool.

Do they stamp it on the front or the back of the page?

Pilgrim,

When I had my C&P's in 1997 and 1999 for DDD, they did not use the goinometer. My ROM was garbage, but they still noted that I had full ROM.

Vync,

I asked for them to stamp it on the front.

Here's another suggestion for you.

Before you even go in to submit the information,

put little page numbers on the lower right corner,

start page 1 with your cover letter.

They will take your papers to a copy machine ther

and make copies of each page.

Then they will date stamp the pages.

Look and check to see that all of your pages are there.

Pilgrim,

The docs watch everything, from how you walk in -

(perhaps while your even in the parking lot)

to how you sit down,lay down,stand up, turn around,

pick up something either they or you drop like a pencil,

how you get on and off the examination table,

how you take off a jacket,coat or shoes, how you unbutton your shirt,

how you lift your arm up for them to read your blood pressure,

how you reach out to accept a kleenex they might offer you,

how you turn your head to watch what they are doing,

how well you hear them say something to you in a soft voice, etc...

All of the above can be used to show a standard/normal range of motion.

At best, any argument at a later date by the claimant,that the doc did not use a goniometer for taking measurements, will only result in an additional examination

or an addendum by the original doc.

jmho,

carlie

[pilgrim01]

So, you don't think I should (or have a chance) at winning a NOD or RECON for my ankle ROM?

[Thad]

Just a thought: DeLuca guidelines say that there is "typical" ROM, but then sometimes a "reduced" ROM caused either by flare-ups or repetitive use, and that the C&P exam (and rating decision) is required to address both (degraded ROM due to flare-ups and/or repetitive).

If it were me, I'd consider taking copies of the SMRs that show the worst ROM and emphasize to the C&P doc that that's how bad it often gets, even if today's non-flareup ROM is a little better than that. Perhaps even send a sworn statement to that effect, specifically quoting the SMR ROM #'s (and associated schedular SC %) and asking that the DeLuca guidelines be applied, and that the most favorable (least ROM) flareup #'s be used.

Best of luck,

Thad