Nod Opinion

[Rob m]

Just wondering if I made my point clear. I'm hoping for an increase, guess I'll have to wait and see.

Thanks

Veteran received a rating decision dated 26 JULY 2011. Veteran disagrees with the 30% award for chronic migraine headaches and the 0% rating for exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury. Veteran requests a Decision Review Officer (DRO) reconsideration for the maximum allowed by law. Please consider this letter to be an official "Notice of Disagreement" (NOD).

Reasons

Chronic migraine headaches- C&P exam 04 and 24 May 2011 shows complaints of headaches 2 to 3 times per week lasting several hours to 2 or 3 days with the episodes incapacitating 10 hours per week. Veteran currently takes at least 4 different medications for this condition. Title code 38 of the Code of Federal Regulations assigns a 50% rating when migraine headaches are very frequent and completely prostrating.

Veteran experiences chronic headaches 2 to 3 times per week lasting up to several days since Aug 1993 (reference members service medical records) this qualifies as very frequent. C&P exam states veteran is incapacitated 10 hours per week. While the C&P exam does not use the word "Prostrating" (uses incapacitating), veteran is unable to perform assigned duties and meets the criteria of prostrating. Veteran current works as a fire inspector and is assigned a permanent bed (fire dept bunk). This fire dept bunk is used when the member does not go home sick or is unable to function. If it was not for this specialty job, it would very difficult the veteran to keep and maintain gainful employment.

Exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury-

This disability is not specifically listed in the rating schedule, therefore, it is rated analogous to a disability in which not only the function affected, but anatomical localization and symptoms are closely related.

C&P exam 24 May 2011 states exotropia with poor convergence, visual tracking and ocular alignment is directly related to veterans traumatic brain injury (TBI). Title code 38 of the Code of Federal Regulations states a higher rating will be assigned if there is visual impairment due to this condition.

Please review veterans service medical records. Veteran's chronic symptoms include blurred vision, double vision, inability/problems reading, occasional vision loss and photophobia.

Please reconsider previous ratings

Thank You

Edited August 26, 2011 by Rob m

[Berta]

I think you made your points here very well.

I always feel that the NOD is the first line of attack so why not tell them -in the NOD- exactly why their rating was wrong,using the VA schedule of ratings and the med recs-as you have done.

[john999]

You don't want to mix the words "reconsideration" and "NOD" in the same statement since they mean things quite different. Anyway, now you can get some more evidence to support a higher rating. Most of us win these things step-by-step.

[fanaticbooks]

Rob,

It looks as if you have provided good info that the VA needs to re-check. Do you have any new documents you can bring to their attention?

Have you checked your C-file as to what info they already have?

Can you refer them to specific outside opinions or documents or progress notes to give more evidence?

Take a look at my website (signature below), Step 8 as well as the whole site. Maybe something in it can give you added ideas.

you want to make it so the VA has no wiggle room so the more you can provide, the better off you are.

Since the VA is a very busy organization, I feel the more info that is listed, the less they have to hunt to try to find and instead just look up and read.

I do wish you good journey.

fanaticbooks