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What Happens Next After My Nod - Soc Or 2nd Claim


jecsb4

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Hi All Vets & Friends,

My claim was "settled" by the Tiger Team after waaiting 1.5 years. I was awarded 30% total for bunons and hammer toes both feet and severed wrist ligament for a total of 30% I got 0% for my flat feet and nothing for depression and migraines.

I filed a NOD for all of their decisions and then a few weeks later, I filed a secondary claim that my flatfeet are causing lower back pain and feet pain. It hurst to just stand or walk for only a few minutes.

So will the VARO send me a SOC first or decide my new claim first?

I submitted 3 civilian doctors notes that states my feet conditions in their opinion is resulting in me being severely disabled and I should only have a sit down job. Currently my civilian job requires 40% standing. What should I do?

THanks for your input!

Joe

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The VA will always low-ball you the first time or two for whatever you submit for. Are there entries in your military service record referring to depression/flat feet/back pain/migraines treatment, medication and/or any cause/diagnosis?

You definitely did the right thing filing a NOD, never use the Board of Veterans Appeals. They get you tied up and delayed for 2-7 years.

If they feel there is sufficient enough info in your records and what you submit from the other doctors they may just send the rating & SOC back. As another means of delay they'll more likely than not send you the standard letter that they're in receipt of your claim and to submit anything else you may feel is pertinent.

In your next NOD to their next response I would make it abunantly clear what your current working conditions are. If it wasn't going to jeoprodize your job I'd say to ask them if there'd be a way they could decrease the amount of standing and or to provide a reasonable accommodation for you. Then if there were a negative response you would have a good shot at VOC Rehab at a minimum and TDUI if you find in the future that you couldn't work sitting/standing at all.

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I agree- I always feel a good, brief but specific response in the NOD can possibly turn a claim around-that happened to me twice and to my daughter- and to a few vets I know-

but also I believe in responding to the SOC, point by point, and refer to and attach any evidence they ignored or did not consider properly.

Actually I advise many vets-if they are not working and receive an award they are NODding- to attach a TDIU form to their NOD.

The focus must be maintained solely on why they denied.

If the SOC seems deficient or you cannot interpret it- ask them for another one-

Attack any VA "expert" opinion that goes against the claim if it is incorrect and highlight anything in it that does support the claim.

If you need more info as to your actual rating, your SO or vet rep should have the blue rating sheet and that could tell you a little more-

Always check those DC codes to make sure they apply to your disability and then check the Schedule of Ratings to compare and see if it correct.

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