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Secondary Or Bilateral? & Being More Specific

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Draggin'

Question

Preparing to send in for NOD and reconsideration at the same time.

I have a lot of conditions, a lot of weird percentage awards, and a lot of denials and I'm trying to make sense of it all. So far I have an 80% rating (schedular).

Initially we were working with a VSO. The VSO went over all of my medical problems with me and worded the initial claim for us. As suggested by the VSO I claimed everything I was having problems with before seeing the doctors, and therefore did not have firm disabilities assigned to the problems/symptoms. So some conditions initially claimed are vague. Now I find myself having to ask for reconsideration and turning in NOD(s?).

To be specific...

I put in a claim for:

Finger pain with swelling - they looked all fingers (found problems) but I only recieved SC comp for one finger (one that was scarred in service). In my NOD can I get them to consider all of my fingers?

Same thing happened with one knee (left), one ankle (right) and one shoulder.

Is it common for the VA to separate such things?

Thanks

Edited by Draggin'
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Just curious....Doesn't it just have to be postmarked by the cut off date?

Draggin'

Draggin,

You've had a year - what do you want to risk and how close do you want to cut it ?

Do you want to have to argue with VBA as to if your NOD was submitted in a timely manner ?

If it were me, at this point - I would want a date stamped copy of my NOD that showed received by VARO Sept X, 2010.

JMHO

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  • HadIt.com Elder

You can argue almost anything with the VA, but certain time limits you just can't get around. The NOD rule is one of them. The rules for sending in appeals are pretty rigid. You don't want to mess with them. When in doubt send in your appeal well in advance and then check to make sure they got it. Same goes for evidence. You just can't fool around with this stuff. If you can't prove the VA got your evidence you end up spending years in appeals and lose effective dates.

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