Request For Reconsideration

[bufloguy]

Not to sure how to wrtieup the request for reconsideration, any assistance would be greatly appreciated.

May 5, 2010

IM A Vet

My Town USA

CSS: 000000000

Dear Sir/Madame;

I ask that the VA to reconsider the decision of November 12, 2009 for the below conditions.

If my request for reconsideration does not properly resolve my claim issues, please consider this as a formal Notice of Disagreement.

1. Cervical condition rated at 20%.

-I feel that I should have been rated 30% for this condition due to frequent occipital headaches and the extreme pain that radiates into my shoulders and arms.

2. Right C7 radiculopathy rated at 0%.

- I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength.

3. Left C7 radiculopathy rated at 0%.

- I feel that I should have been rated 20% for this condition due to the frequency of my hands becoming numb after only sitting or driving for 20 minutes. Furthermore I have lost hand strength.

4. Denial of Post Traumatic Stress Disorder.

- There are several issues with the denial:

1. The claim was well grounded and plausible, but the rater failed to consider all the evidence presented. Furthermore, the rating authority failed to explain why they did not consider the evidence of record in the file which was favorable to my claim. Case law from (10-12-90) establishes in Gilbert v. Derwinski VetApp. 49 (1990) that the VA is mandated to explain its reasons or bases to the veteran its factual finding and its conclusion why the veteran was not entitled

2. I was not afforded a Compensation & Pension exam as stated in 38 USC 5103 - Sec. 5103A. Duty to assist claimants;

(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary.

(2) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

Attached is a letter from Craig N. Bash M.D. which provides strong evidence for a favorable decision in this matter.

Respectfully,

I'm A Vet

[bufloguy]

Thanks for all the advise. I've got the request typed up on a 21-4138, I've included Dr Bashe's IME and some lay statements. Hope the VA reads this time.

I do have a Vet Rep, who said to me that it's too hard to fight a PTSD denial, so he filed a claim of depression & anxiety without telling me, which I just found out to day. So I think I'll hand deliver the recon my self.

Thanks again for the help.