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Nod, Need Help/opinions

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sniperOZ

Question

Please read over my NOD before I send it off and let me know what you think about it. I also have a sheet for each of my documents that I am attaching explaining what claim it is referring to.

Thanks!!!

SEPTEMBER 9, 2010

RATING DECISION OCTOBER 22, 2009

NOTICE OF DISAGREEMENT

I am writing to appeal the decision that was made on my compensation claim on October 22, 209. I am asking that a DRO review my claims and reevaluate my ratings. These are the claims that I am appealing:

1. Lumbar spine, degenerative disc disease was granted for 20%. I am appealing this decision and asking for an increase in my disability percentage because this condition has continued to get worse and is to the point where I cannot bend over even slightly without extreme pain. This is a condition I deal with everyday and even keeps me from working when the pain is just unbearable.

2. Bilateral knee condition was denied. I am appealing this decision and including evidence dated 3 April 2007 that also shows a diagnosis of right knee cartilage damage. I am requesting a rating on this previously denied claim.

3. Right shoulder condition was denied. I am appealing this decision based on my evaluation from the VA doctor in the denial letter that is warranted a 10% decision according to the provisions of 38 CFR 4.40 and 4.45 concerning functional loss due to pain. I was seen for my right shoulder during my tour in Iraq at the 4th ID TMC in Balad, Iraq. I was diagnosed with tendinitis to the best of my knowledge at that time. I am requesting a rating on this previously denied claim.

4. Split kidney was denied. I am appealing this decision and providing the documentation to support my claim. I was diagnosed with a Grade IV Renal Laceration, Left, while I was in Korea and was hospitalized on strict bed rest. I have had numerous issues with my kidney that continue to get worse and I am sure that it is causing other problems within my body. I struggle to keep weight on and do not have an appetite at all. I have to urinate so frequently that it disrupts my life and causes lack of sleep. I am requesting a rating on this previously denied claim.

I am attaching documentation and reasons for appeal to provide justification on my injuries sustained during my military service.

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Please read over my NOD before I send it off and let me know what you think about it. I also have a sheet for each of my documents that I am attaching explaining what claim it is referring to.

Thanks!!!

SEPTEMBER 9, 2010

RATING DECISION OCTOBER 22, 2009

NOTICE OF DISAGREEMENT

I am writing to appeal the decision that was made on my compensation claim on October 22, 209. I am asking that a DRO review my claims and reevaluate my ratings. These are the claims that I am appealing:

1. Lumbar spine, degenerative disc disease was granted for 20%. I am appealing this decision and asking for an increase in my disability percentage because this condition has continued to get worse and is to the point where I cannot bend over even slightly without extreme pain. This is a condition I deal with everyday and even keeps me from working when the pain is just unbearable.

You need to study the reasons and bases section of the rating decision that granted this SC'd at 20 %

and present medical evidence that would support a higher rating. They are already comping you for your pain

as part of the 20% rating. As for it keeping you from work when the pain is unbearable, are ou requesting IU ?

If yes then be clear on that and submit a 21-8940. Do you have documentation of time missed from work

due to SC'd conditions ? Anything more maybe from a doctor ?

To get a higher percentage, submit the medical evidence.

2. Bilateral knee condition was denied. I am appealing this decision and including evidence dated 3 April 2007 that also shows a diagnosis of right knee cartilage damage. I am requesting a rating on this previously denied claim.

Again, form your NOD from the rating decision that denied, using the evidence and reasons and bases section's.

You must show inception on ad and residual disability that a doctor provides a nexus to ad.

3. Right shoulder condition was denied. I am appealing this decision based on my evaluation from the VA doctor in the denial letter that is warranted a 10% decision according to the provisions of 38 CFR 4.40 and 4.45 concerning functional loss due to pain. I was seen for my right shoulder during my tour in Iraq at the 4th ID TMC in Balad, Iraq. I was diagnosed with tendinitis to the best of my knowledge at that time. I am requesting a rating on this previously denied claim.

You have show that you have a current residual disability with a doctors nexus to ad, supported by the

doctors full medical rationale.

4. Split kidney was denied. I am appealing this decision and providing the documentation to support my claim. I was diagnosed with a Grade IV Renal Laceration, Left, while I was in Korea and was hospitalized on strict bed rest. I have had numerous issues with my kidney that continue to get worse and I am sure that it is causing other problems within my body. I struggle to keep weight on and do not have an appetite at all. I have to urinate so frequently that it disrupts my life and causes lack of sleep. I am requesting a rating on this previously denied claim.

I am attaching documentation and reasons for appeal to provide justification on my injuries sustained during my military service.

"I have had numerous issues with my kidney that continue to get worse and I am sure that it is causing other problems within my body."

Again, this all needs to come from a doctor.

Form your NOD going by the Evidence and Reasons and Bases in the denial.

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