Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
Draggin'

Nod Review And Medical Records

Question

OK so when you file a NOD and a De Novo review is performed (and this is verified in a letter by VA, not assumed)...does the reviewer NOT pull up your current VA medical records?

There are things that they say I have never complained about or sought treatment for that I in fact have (and have prescriptions for, etc.) over the last few months-year. My letter says the De Novo Review was performed 4-8-2011. Are they only looking at what was medical information was there when the original claim was made? Do they pull current medical files? Try to not laugh out loud, I know I'm probably expecting too much.

Everything in my NOD was denied...much of it based on nothing being in the "available medical records". We sent no evidence in along with the NOD. We did not get an interview with the De Novo reviewer as requested. We were asked for nothing else. In short we were told in the letter that we now have to file an appeal. Now what? Is this how it normally goes?

Draggin'

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

OH,

I see now that they only used my records up until Sep, 2009.

Why is that?

Also I see that the letter is an SOC - Statement of the Case - I've only researched this lightly but what I saw about SOC did not look promising.

Draggin'

Edited by Draggin'

Share this post


Link to post
Share on other sites

Ad

OK so when you file a NOD and a De Novo review is performed (and this is verified in a letter by VA, not assumed)...does the reviewer NOT pull up your current VA medical records?

Draggin - In a De Novo Review, no the DRO does not go out of their way to see if you have additional medical evidence

to consider, unless YOU SUBMIT IT TO THEM OR REQUEST THEY GET IT AND TELL THEM WHERE AND THE DATES, they wouldn't

even know it existed.

There are things that they say I have never complained about or sought treatment for that I in fact have (and have prescriptions for, etc.) over the last few months-year. My letter says the De Novo Review was performed 4-8-2011. Are they only looking at what was medical information was there when the original claim was made? Do they pull current medical files? Try to not laugh out loud, I know I'm probably expecting too much.

Draggin - sorry but I can't help myself - ha, ha , ha , ha .

Everything in my NOD was denied...much of it based on nothing being in the "available medical records". We sent no evidence in along with the NOD. We did not get an interview with the De Novo reviewer as requested.

Draggin - now you might have a leg to stand on here - if a request for a Hearing with the DRO was made in writing and it was not provided,

they HAVE to provide the Hearing as requested. I do not know nor have ever heard anything pertaining to "an interview with the De Novo reviewer".

If you have a VSO, maybe that's something your VSO TRIED to cook up.

We were asked for nothing else. In short we were told in the letter that we now have to file an appeal. Now what? Is this how it normally goes?

Draggin - I would meticulously check my records to verify if a DRO Hearing was requested in writing, if it was and didn't happen

this is what I would hang my hat on to keep it at the RO level for adjudication.

Now if you have a VSO, they may have spoken with the DRO who was doing the De Novo Review - and your VSO has you'r prior consent

to handle all issues of your claim so you might be screwed on this.

Hopefully other's will chime in.

JMHO

Share this post


Link to post
Share on other sites

Man, you sure do have to be on your toes to keep up with the 6th graders at the RO, don't cha? Hahahaha

Draggin'

Share this post


Link to post
Share on other sites

What stinks is that they said they didn't get the NOD in time, showed they didn't have it. (Of course) We had the proof it was submitted in time. We got a new veterans service officer, my wife said she wanted the help. They got it re-submitted for us but did nothing else. No reminder about supplying medical records. I do realize that this information is here and we probably should have caught that. I'm not complaining as much as I'm pointing out that it's better to stay on top of these things for yourself-a VSO may or may not remind you of such things.

It is becoming discouraging but we're going to keep working on this appeal. On the bright side, we still have a PTSD claim to appeal-this is just the beginning. Wait, is that a bright side?

Draggin'

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Popular Contributors

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Military Service Records - Military personnel records can include DD 214s/Separation Documents, service personnel records found within the Official Military Personnel File (OMPF), and medical Records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research.
      • 0 replies
    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 6 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
×

Important Information

{terms] and Guidelines