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.

[pilgrim01]

anyone? :o

[Thad]

I'm very much a newbie, and may be misunderstanding, but thought that a recon doesn't stop the 1-yr clock for NOD. So if I read you right, you disagree with two 3/16/09 ratings, and haven't gotten any new rating decision back on either since then. To me, I thought that means you better get two NODs in before 3/16/10.

Waiting for a recon decision might delay you past the 1-yr point from original rating; do you then have recourse if there is no response to the recon request? I guess the question in my mind is whether a refusal to rerate on a recon is treated as a new rating that starts a new one-yr NOD clock, or if it leaves the original 1-yr clock intact.

Also, you might attack the failure to follow DeLuca guidelines on repetitive/flareup loss of ROM and see if that gets you a lower-ROM, higher-SC%.

[pilgrim01]

I'm very much a newbie, and may be misunderstanding, but thought that a recon doesn't stop the 1-yr clock for NOD. So if I read you right, you disagree with two 3/16/09 ratings, and haven't gotten any new rating decision back on either since then. To me, I thought that means you better get two NODs in before 3/16/10.

Waiting for a recon decision might delay you past the 1-yr point from original rating; do you then have recourse if there is no response to the recon request? I guess the question in my mind is whether a refusal to rerate on a recon is treated as a new rating that starts a new one-yr NOD clock, or if it leaves the original 1-yr clock intact.

Also, you might attack the failure to follow DeLuca guidelines on repetitive/flareup loss of ROM and see if that gets you a lower-ROM, higher-SC%.

Thanks, Thad. I plan on filing a 21-4138 after I get my ROM results tomorrow. I also plan on putting in there a statement about the Deluca guidelines. I just don't know how to word it yet.

[carlie]

File your NOD ASAP - submit copies only.

If you live close enough to your VARO then hand deliver it

and get a date stamped copy.

If you want a hearing with a DRO - put that request in your NOD.

You are down to the wire now.

jmho,

carlie

[LarryJ]

File your NOD ASAP - submit copies only.

If you live close enough to your VARO then hand deliver it

and get a date stamped copy.

If you want a hearing with a DRO - put that request in your NOD.

You are down to the wire now.

jmho,

carlie

You better listen to carlie.

just sayin..............

[cowgirl]

If I read your post right, you have already filed an reconsideration for your back but not for your ankle? Am thinking on this.