Nod Or Reconsideration

[pilgrim01]

I received a decision on March 16 2009 for my ankle of 10%. In my c-file the doctor stated that I had full ROM. The doctor did not do a test to find out if I had full ROM! I also filed a RECONSIDERATION for a issue I had with my back from that same report. That doctor also said I had full ROM and she didn't do a ROM test, either! My RECON for my back is currently at the Ready to Rate stage and I am awaiting a decision. I think I will be lowballed for my back. Well, my doctor ordered ROM tests and I had the appointment this morning. The doctor that did the ROM tests used the ROM tool and measured my back and ankle ROMs. I can pick up a copy of her notes tomorrow.

I want to know should I file a RECON for the ankle (before Mar 16, of course) and file a NOD for my back when the decision comes in? Do I file these together or separate? I know time is of the essence right now. Thank you.

[carlie]

pilgrim,

Are you sure you wamt a De Novo Review V a DRO Hearing ?

carlie

[pilgrim01]

pilgrim,

Once SC has been established the percentage of disability

is based on the most current medical findings of residual

disability.

jmho,

carlie

What do you mean,carlie?

[pilgrim01]

I like your NOD, it seems to have all that is necessary:

1. any communication expressing disagreement with said decision,

2. A desire to contest the result.

I would add my 2 cents worth, however:

1. Make sure you have addressed all the issues in the NOD even if those issues were not addressed by the decision. For example, if you applied for PTSD, AND the RO decision addressed your degenerative joint disease but did not say a word about your PTSD, include it in your NOD something like this:

"I have 2 issues that I disagree with:

1. My degenerative joint disease of the right ankle should be a higher rating of at least 30%.

2. My PTSD was not mentioned in the decision and I disagree with a "deemed denial" of my PTSD claim."

2. Make sure you mail your NOD Certified mail return receipt Requested because RO's are notorious at shredding your NOD then claiming they have no record of it. Keep a copy safe, maybe by emailing it to yourself.

3. If you have other issues pending, mention them in your NOD also. If any part of your evidence was not included in "reasons and bases" for decision, mention that, too.

4. Good luck, and hunker down for a long appeal.

Thanks, a million, broncovet. I have a VSO that I had used previously. I am still on the fence on whether or not I am going to send this in msyelf or not. I was wondering if the VA treats those who submit claims themselves differently than those that use a VSO? Your thoughts?

[pilgrim01]

pilgrim,

Are you sure you wamt a De Novo Review V a DRO Hearing ?

carlie

Carlie,

Yes, I want to have another set of eyes look at it. I live a pretty good ways from the VARO. That is part of the reason, too. Why do you ask?

[broncovet]

Pilgrim

There are a very wide variety of opinions on whether or not to use a VSO. If you used one in the past, and had good luck with him/her, then I would go for the "If it aint broke, dont fix it," philosophy and use him/her again. I also think most people would agree there is a wide variety of skill levels amongst VSO's ranging from "Excellent" to downright dishonest and should be fired.

Some people "use their VSO". That is, your VSO probably has a copier, and may make copies for you for free. This can save you money. Some also may provide forms, postage and envelopes. My VSO has secret names and phone numbers and will call the RO for you (on his 'dime') and I have gotten some good results from this. Other VSO's rarely, if ever call the Regional Office. A few may even have access to a Veterans Benefit Manual, that could cost you hundreds of dollars if you had to buy a new one yourself. Also, some VSO service officers have computer access to provide you advance notice of denials/awards before you get the news. I have even seem some Vets who are disorganized use the VSO so that the VSO will keep copies of everything and they trust them more than they would themself, knowing they sometimes loose stuff.

Some VSO's provide great record keeping, while others are less good. Its a pretty good idea not to depend on them, unless you know for sure they are dependable.

I guess you know there is a difference between a DRO review and a DRO hearing. Again, there are differences of opinion on which is best, but most agree that a DRO hearing takes longer, but there is an advantage in a hearing in that you can actually look at the file sometimes to make sure everything is in it. You need to decide if its worth the extra time it will likely take to have a DRO hearing vs a DRO review.

Edited March 5, 2010 by broncovet

[babyray]

I received a decision on March 16 2009 for my ankle of 10%. In my c-file the doctor stated that I had full ROM. The doctor did not do a test to find out if I had full ROM! I also filed a RECONSIDERATION for a issue I had with my back from that same report. That doctor also said I had full ROM and she didn't do a ROM test, either! My RECON for my back is currently at the Ready to Rate stage and I am awaiting a decision. I think I will be lowballed for my back. Well, my doctor ordered ROM tests and I had the appointment this morning. The doctor that did the ROM tests used the ROM tool and measured my back and ankle ROMs. I can pick up a copy of her notes tomorrow.

I want to know should I file a RECON for the ankle (before Mar 16, of course) and file a NOD for my back when the decision comes in? Do I file these together or separate? I know time is of the essence right now. Thank you.

Listen to carlie, I did & got 100% shedular 100% & a large retro pay.

babyray