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Nod Or Not

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KenDawg

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KenDawg Apprentice

KenDawg

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Hello all,

I just have a couple of questions in regards to completing a NOD or not.

I put in a claim for a skin rash that started occuring while I was on active duty. Went to the doctor several times. Was diagnosed with "don't remember official name". When I did my VA physical the doc looked over my records and my claim for skin rash and stated it was something else. I was denied due to my records showed one thing and the VA doc stated something else. All in all I still get this reoccuring rash that started while on duty. Do I NOD or do I start the claim process over.

Second item. I claimed sinusitus. One piece of paperwork states sinusitus. It is my fault for not going to the doc more often but I always used some kind of over the counter medicine or toughed it out. My VA doc did not state that I sinusitus but noted that I have a 70 percent blockage in one nostril and 90 percent in the other and something is off center. He also noted that I sniff quit often. VA denied my sinusitus. Not sure how I should handle this sinus issue. I truly believed that I should of got 10 percent if not more.

I am really upset because they denied those to items and there was documentation that there is an issue.

Any insight you guys could provide would be great. Should I try to right the NOD or go to the the Legion or DAV. I hit my one year mark for doing a NOD in March.

Out of all my issues that I claimed for compensation these are the only two that I disagree that was denied the others were a stretch.

Please help

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carlie Grand Master

carlie

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Any insight you guys could provide would be great. Should I try to right the NOD or go to the the Legion or DAV. I hit my one year mark for doing a NOD in March.

KD,

About all I can post is that if you do not file a timely NOD by your March deadline, then the only way

you can re-open the issues later are with New & Material evidence.

Carlie passed away in November 2015 she is missed.

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KenDawg Apprentice

KenDawg

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KD,

About all I can post is that if you do not file a timely NOD by your March deadline, then the only way

you can re-open the issues later are with New & Material evidence.

Carlie,

I think I will press with the NOD but I was hoping someone would tell me that that had a similar issue with misdiagnosis and it worked out. Should I write the NOD or have someone from the Legion or DAV help me. I don't know how detailed it should be or what are the proper words to use.

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caubulldog Collaborator

caubulldog

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My personal advice is to one hire a veteran service organization if you cannot do it yourself. Two file the notice of disagreement before the one year period is up. Next gather all service records to include personnel medical and inpatient if applicable, With these records you service officer should be able to effect a good appeal.

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carlie Grand Master

carlie

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I am really upset because they denied those to items and there was documentation that there is an issue.

Out of all my issues that I claimed for compensation these are the only two that I disagree that was denied the others were a stretch.

Please help

KD,

How about posting exactly what the Rating Decision states in the Reasons and Bases Sections

in regards to these two issues and why they were denied. Don't put personel info like name, address, claim #, etc...

Carlie passed away in November 2015 she is missed.

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Chuck75 Grand Master

Chuck75

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You should file an informal (Letter) NOD as soon as possible, due to the March deadline. The fact that the service records show something, and a VA doctor thinks it's something else confuses matters, but should not be the basis for a denial.

An independent Medical Opinion may be your best way to go. FILE THE NOD!

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KenDawg Apprentice

KenDawg

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My personal advice is to one hire a veteran service organization if you cannot do it yourself. Two file the notice of disagreement before the one year period is up. Next gather all service records to include personnel medical and inpatient if applicable, With these records you service officer should be able to effect a good appeal.

Caubulldog, I have all that info handy, just need to find a local veteran org to talk with.

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