Should I File A Nod?

[Guest rickb54]

On 26 June 2006 I received service connection for COPD secondary to Asthma. I was awarded 30% with an effective date of 3 May 2005.

I would not have been awarded COPD if I did not have a copy of my medical retirement board procedings which stated asthma with copd secondary.

When I was medically retired on 9 June 1986 I completed a VA Form 21-526E, titled "Veterans application for compensation or pension at seperation from service

" Under nature of sickness #6, diseases, or injuries for which claim is made, and date each began- I left blank

Under Nature of sickness #7 I entered SEE health Record.

I have reviewed this form over and over, the only typed information on the whole form is entered into #6

( the point is not what is there but that it was typed). #6 I had left blank and the va typed in the information.

This form was filled out under the supervision of some damn DAV guy. This guy told me not to put anything except see health record, I did what he said.

It seems to me if the va had read my health record, and reviewed my medical retirement paperwork, I would have been awarded COPD at the time of my retirement.

I want to know what the experts think, based on this information.

Should I file a NOD requesting an earlier effective date for the COPD, based on the fact that all I ever told the va in 1986 on the 21-526e was to see medical records. Wasn't it the va's responsibility to review my records and award me the COPD at the same time I was awarded the asthma, COPD is listed as a secondary condition right after the word asthma on the medical retirement paperwork, and in the medical records. Was it necessary for me to be specific, for COPD since I was not specific with at that time with any of my medical conditions.

Actually, the asthma was awarded on a CUE in 1988 , and the rating decision cites the physical evaluation board's report as evidence for the asthma, in fact it is the first think the va listed in the narrative as evidence. It stands to reason if the rater saw asthma (on the board's paperwork) then he had to see COPD.

What do you think? Do I have a case for NOD?

Or do I claim CUE and go all the way back to 1986, when the asthma was awarded?

Edited July 10, 2006 by rickb54

[Guest rickb54]

Berta,

I understand what u mean, but I have already submitted the nod as I have outlined. I firmly believe that I can call CUE concerning either rating, because they have had four tries to get this whole thing right, ( two denials alone just on the asthma before the va called cue on itself in 1988, and then awarding asthma) and now one rating on the COPD seperate and apart from the asthma.

I am presently rated 90% with tdiu, my tdiu comes from a back injury, not the asthma so I am not putting anything in jepardy.

However if I do get awarded 100% under asthma with copd, I stand to gain some addition funds because I am also rated 60% for the back injury.

My rating for asthma is also 20 years old, with a recent increase in rating in 2001. So if anything they could play games a drop it back to 30%, but I am not really concerned about that.

Presently my awards add up to 200

combined at 93.33%

Ironically since I received tdiu in 1999, I have won three seperate claims with awards of 10% each, an increase in the asthma rating up 30%, and now the 30% for copd, None of these recent awards helped my rating at all! I was 90% before and I am still 90%. I think the va combines ratings the way that it does so that it makes it almost impossible to get 100% schedular.....