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Rate My Nod

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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

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 thats a separate claim I need to make, and, if so, please consider this as an informal claim for my thoracic pain and disability? (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 In Support Of Claim 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="">

How about this?

Edited by LarryJ
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Can you scan and attach here the actual denial with the personal stuff omitted?

I cannot determine if you have a clear nexus to your service or is this secondary claim to something already service connected.

We need to see the reasons and bases they used for denial.

This is good:

"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."

Was the doctor who did the surgery a private doctor? If so does VA have all of his records? Would he be able to provide an IMO if needed?

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Thanks i have revised my NOD and i will see if i can get my stuff scanned and provide it further my surgeon who did my cervical is a private doctor and i'm not denied anything they just gave me low ratings because of my C/P examiner gave some bogus ROM's and a report. I am filing the NOD for a rating increase and accurate one is what i wish to have.

Terry

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Keep this in mind, You will catch more files with honey than you will with vinegar. Submit the facts. Have your doctor submit a letter stating his bebuttal.

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  • Moderator

I helped "rewrite" your NOD. I agree with what most posters said and add that its okay to "vent" here, but it is not a good idea to vent your frustrations on VA decision makers. Nobody likes to be "attacked", so dont attack the VA, or even the C and P examiner. With every word you write ask yourself: Does this word help move me toward my goal (of increased benefits). If it does not, skip it and replace it with words that do.

Rewritten NOD:

John P. Veteran 367-26-xxxx (put your name and SSN on top of every document you send the VA, or they may loose it or associate it with someone else)

Notice ofDisagreement

I disagree with the RO decision dated April 13, 2010 and elect aDRO Review on the following issues:

Issue1. I disagree with the rating for the Lumbar Spine. The rating more closely approximates the criteria for a higher level. The C andP exam appeared to be inadequate, as the examiner stated, "Imnew at this so please be patient with me". Also noted the Cand P examiner was a _________________, (list examiner medical title,especially if not MD with a board speciality in Orthopeadic/backsurgery). (I suggest you attack the medical qualificationsof the examiner, if possible, and not the examiner)

Issue 2. I disagree with the "deemed denial" for theclaimed condition of Thoracic spinal condition. (Let the VA know you know the law, and when the VA does not address an issue it can be construed as "deemed denied)

This issue was claimed on the medical exam dated ____________ (listdate of medical exam where your do identified Thoracic issue. Bydoing it this way, you will be increasing your retro by referring tothat date, not the date of the NOD) which "identified the benefit sought".

Issue 3. The Veteran has "new and Material" evidence, thatapparently was not considered in the decision. (Include detailedlist of evidence).

Issue 4. I have enclosed evidence that my Doctor said that I shouldbe on Total Disability for another 2 months, that I have not beencompensated for.

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There is no room for our emotional baggage and anger in the VBA Claims Adjudication process.

Your validation comes from claims being granted and cash in the bank each month.

All that stuff will do is muddy the water's for you and sometimes, responding in certain ways

maybe used against you.

It's not supposed to be - but I do know of cases that it has happened in.

BTW - you certainly can request another C&P examination but I would strictly follow Sharon's advice

by stating, "Request a re-examination based on the fact that the doctor manipulated your range of motion and that is not allowed."

All the he said - she said, is nothing but a waste of words.

You posted,

" 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."

Keep in mind that ultimately it is up to the VA decision maker or a DRO,as to whether a new C&P examination will be ordered.

The VA also has rules they have to follow - one is where examinations are to be held - chances are if you get a re-examination

it will be at the same VAMC as your other one.

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