Nod Or Not

[KenDawg]

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

[broncovet]

On the question as to whether you should file a NOD or a "new" claim, it depends on if you like money or not.

If you like money, then I would preserve the effective date by filing a NOD.

If you dont like money, or dont need any, then go ahead and file a new claim without timely filing a NOD.

It is possible to do both, for example, by filing for an "increase".

[john999]

Once you file the NOD you could actually hire a lawyer.

[KenDawg]

"2. Allegic rhinitis caused by military service."

Did the doctor refer directly to your SMRs for that statement? wAs this from the C & P excam for the sinusitis?

Did you claim allergic rhinitis in the sinusitus claim?

Berta,

Not sure what SMRs are. This was my C&P exam for sinusitus. I claimed sinusitus because that is what my military medical exams stated. When I went in for my claim exam for sinusitus and they took xrays and such the doc stated I had Cartilagenous anterior nasal septum deviated to the right and allergic rhinitis caused by military service. My earlier post is the exact write up from my exam.

The VA denied my sinusitus because I only had one flare up in 2001 so it is not chronic. I didn't know what sinusitus was and didn't care. I only wanted to breath. I would have claimed allergic rhinitis if I new I had it or the blockage of my septum. It was noted in my C&P so I am hoping that I can claim it. I could only claim what was in my records since I am not a doctor. If you have any words of advice I would truly appreciate it.

Also, I have ben given allegra, flonase and pseudephedrine for now I am on claritan, nasonex and another pill. I know this is going to be an onging issue so it would be nice to get compensated because I never had allegies until after being stationed in Korea.

[KenDawg]

On the question as to whether you should file a NOD or a "new" claim, it depends on if you like money or not.

If you like money, then I would preserve the effective date by filing a NOD.

If you dont like money, or dont need any, then go ahead and file a new claim without timely filing a NOD.

It is possible to do both, for example, by filing for an "increase".

Broncovet,

It's not a money issue...I need to know if I have a legitimate NOD because I claimed sinusitus but diagnosed with Allergic Rhinitis. If I file a NOD and it is not justifiable then I just took away from another vet getting their claim process. If a can claim my rhinitis in place of the sinusitus because it came from my sinusitus C&P then I will most definately do the NOD and hope to get a percentage that will increase my rating with back pay.

[KenDawg]

Once you file the NOD you could actually hire a lawyer.

We may have to discuss the lawyer later. Not sure why I would need one at this time or find one that specializes in VA claims.