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Rate My Nod


TLaff

Question

I am providing my NOD on here so i can get some advice and also do i take it to my DAV National Service Officer for filing? I seen some where it should be filed by someone other than mailing it my self??

Veteran & SSN

NOTICE OF DISSAGREMENT

I totally disagree with the Regional Office Decision dated April 13, 2010 and I intend to dispute the decision with a DRO Review and then appeal it all the way to Washington with an attorney if I’m not happy with the DRO results.

The issues are as follows:

Issue #1 I totally disagree with the C/P examine due to the fact she stated she was new and not to sure of what she was doing and to please bear with her. She did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head and measurements to get readings she wanted causing extreme pain and the C/P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #2. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make? (Please inform me).

Issue #3. My Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate and I expect to be compensated for. It should go until November 4, 2008.

Issue #4. I am providing more medical records, doctors reports, ROM, bubby letters from my sister and a customer from work and detailed information on my conditions and a Statement Of Facts from me in which if I’m not happy the DRO’s decision I intend to take the Statement Of Facts letter to Tri-State Polygraph Associate Inc in Cincinnati, OH to authenticate my facts before appealing with an attorney.

Issue #5. I am also providing X-Ray photo of my Cervical Fusion and I expect the highest rating for that alone in which I have barely any movement at all because of it.

Issue #6. I further expect the max rating for my Lumbar Thoracic after reviewing all my evidence, there are people who are getting 50% and only have DDD and I have an enormous amount of problems.

Further if a DRO can not see for him or her self I warrant max ratings I expect nothing less that a new C/P exam at a different location with a different doctor and a different rater so there is an unbiased evaluation and decisions.

Mr. Veteran & Date

any advice would be greatful

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  • HadIt.com Elder

Well, I'll tell you this:

You aren't getting anywhere with that letter. Why, you spend more than HALF the letter threatening someone. If I got one like that, it'd go DIRECTLY to the circular file.

just sayin'.................

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Your request should be for a NOD based on an inadaquate exam. Request a re-examination based on the fact that the doctor manipulated your range of motion and that is not allowed.

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  • HadIt.com Elder

Your request should be for a NOD based on an inadaquate exam. Request a re-examination based on the fact that the doctor manipulated your range of motion and that is not allowed.

x

x

x

Sharon has good advice. KISS. Keep it simple ... ~Wings

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Your request should be for a NOD based on an inadaquate exam. Request a re-examination based on the fact that the doctor manipulated your range of motion and that is not allowed.

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How's This??

NOTICE OF DISSAGREMENT

I totally disagree with the Regional Office Ratings dated April 13, 2010 due to the fact that the C/P Examiner did not follow protocol. I intend to dispute the decisions and ratings with a DRO Review first because of the following issues. I am asking that a DRO review my issues and reevaluate my issues and ratings and provide me a new C/P exam if needed.

The issues are as follows:

Issue #1 I totally disagree with the C/P examine due to the fact the doctor stated she was new and not to sure of what she was doing and to please be patient with her. She did not use a measuring device through the complete exam, she eyeballed allot of it. She forced my head to get measurements she wanted causing extreme pain and the C/P report that I obtained are not the answers I had given her. No repeat motions of any kind were asked of me during the entire exam nor did she ask me to walk.

Issue #2. I also dispute the fact that there is nothing granted for my Thoracic region of my spine, maybe that’s a separate claim I need to make? (Please inform me).

Issue #3. My Dr. that performed my Cervical Surgery indicated I stay on Temporary Total Disability for a further two months during my follow-up visit September 4, 2008 in which my total disability pay is not accurate it should be until November 4, 2008 and I ask for that to be corrected.

Issue #4. I am providing more medical records, doctors reports, ROM from a recent chiropractor and a Statement Of Facts letter from me. I will at anytime if requested of me I will take my Statement Of Facts letter and have it authenticated at Tri-State Polygraph Associate Inc in Cincinnati, OH. I can provide buddy letters from family, friends and even customers from my past.

Issue #5. I am also providing X-Ray photo of my Cervical Fusion and I believe I should have highest rating for that alone in which I have barely any movement at all because of it. According to the accurate ROM I am providing and the General Rating Formula for Diseases and Injuries of the Spine I warrant a 50% for my cervical.

Issue #6. I further believe I should have the max rating for my Lumbar Thoracic after reviewing all my evidence, there are people who are getting 50% and only have DDD and I have an enormous amount of problems and suffer tremendously. I believe with all the problems with my Lumbar Thoracic problems combined and recent accurate ROM I warrant 50% .

Further: I have no problem with a DRO requesting a new C/P exam however I only ask that it be at a different facility and different doctor to obtain an unbiased examination. I only ask to be treated, examined and rated fairly; I did not ask for all the problems that I have.<br style=""> <br style="">

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IMO I would not submit this NOD - it needs alot of additional work.

On your issue # 4 -

"I will at anytime if requested of me I will take my Statement Of Facts letter and have it authenticated

at Tri-State Polygraph Associate Inc in Cincinnati, OH."

They are going to fall out of their chairs laughing at this one.

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