Notice Of Disagreement?

[SSGmajik]

I wanted to get some thoughts on how I should approach my disagreement with the VA's decision on my rating. I filed 10/2010 for TDIU. I received a rating decision in 04/2012 and my TDIU was deferred. All ratings below are all service connected.

In my rating decision for both my neck and lower back were lowered, because of the C&P doctor statement from my exam in 11/2010. My lower back was lowered from 40% to 20%, because C&P examiner said I had a forward flexion of 60 degrees, but he did not even do a ROM exam! Also, in 03/2010 my Neurosurgeon did a ROM exam a said I was limited to 10 degrees due to increased pain! Again, C&P examiner said that he did a ROM and I performed all movements and he stated "Physical examined revealed no objective evidence of painful motion, spasms, or weakness". I'm in constant pain and have a lot of spasms, especially when being put through a ROM exam, and my sciatic nerve is damaged and causes weakness in my right leg! All documented in my medical file. I am also on strong pain medication! My neurosurgeon also stated in his notes that my condition will only deteriorate and get worse. The VA has all this documentation as well.

Same exact scenario happened with my neck. No ROM exam, but C&P examiner put same BS as above and said I had a forward flexion of 35 degrees and it lowered my neck from 20% to 10%.

So, last week I saw a physical therapist at the VA who performed a ROM exam with a goniometer by request from my PCP. He measured each movement 3 times. Relevant measurements were on average, Lumbar Flexion 11 degrees, and cervical flexion 29 degrees. According to the CFR 38 part 4.71a my lumbar should have stayed at 40% as well as my neck at 20%.

I'm not sure what to do from here. I saw my VSO and he showed me my TDIU claim has not even been looked at since a rating decision was made in April. Plus, he thought it was unusual for a claim to be this old and complex that there was only 6 notes in the system on my claim.

Should I file a notice of disagreement now and add this new ROM as new evidence and ask why the ROM performed by my neurosurgeon in 03/2010 was overruled by the C&P examiner?

What other proof due I need that shows that the C&P examiner lied or to discredit him?

Does anyone have a good format for a Notice Of Disagreement letter?

Any help, info, & opinions is always appreciated!

Thanks,

SSGmajik

[iraqx2]

Yes, use it ! The Notice of Disagreement is one of the veteran's most important tool. I've written several during my battles. It sounds like you have the medical evidence to disprove what they are saying and unjustly lowering your rating.

Heck, you can also disagree that not only the rating should not have been decreased but rather INCREASED. Their decision opened up a new door for you of 365 days for you to appeal. Your case has now avenue to go to a DRO hearing, BVA, up to Court of Veterans Appeals.

Last time the VA tried to screwed with my rating, they failed and it went the other way and I won.

But also, your paperwork and all the examinations must be in order. I would 1st start by getting a copy of your VA medical exams and go thru it with a fine tooth comb.

Good Luck

[Notorious Kelly]

SSGmajik,

I don't have any advice.

Just wanted to say I'm sorry you're having to deal with this unecessary anxiety.

Fight em & win!

[SSGmajik]

SSGmajik,

I don't have any advice.

Just wanted to say I'm sorry you're having to deal with this unecessary anxiety.

Fight em & win!

Thank you, I appreciate that! There are so many of us that unfortunately have deal with some type of VA BS!

[SSGmajik]

Yes, use it ! The Notice of Disagreement is one of the veteran's most important tool. I've written several during my battles. It sounds like you have the medical evidence to disprove what they are saying and unjustly lowering your rating.

Heck, you can also disagree that not only the rating should not have been decreased but rather INCREASED. Their decision opened up a new door for you of 365 days for you to appeal. Your case has now avenue to go to a DRO hearing, BVA, up to Court of Veterans Appeals.

Last time the VA tried to screwed with my rating, they failed and it went the other way and I won.

But also, your paperwork and all the examinations must be in order. I would 1st start by getting a copy of your VA medical exams and go thru it with a fine tooth comb.

Good Luck

Thanks for the help! Would you happen to have a example letter or a template on what & how to write a NOD? I'm trying to write it, but I don't want it to be too long were they start to skim it & not pay attention to the evidence again. Should I request a DRO hearing or any of the others? Thanks again for your help!

[USMC5811]

Using the hadit.com search engine - I found the following for a sample of a NOD:

www.hadit.com/vaclaimslibary/law/nodsample.gif

For some reason having problems posting the link to the NOD sample but if you just type: Sample of Notice of Disagreement in the search box of hadit.com (located just above the title of this thread) you will be able to click on the link it provides.

Hope this helps a little.....sorry about the troubles they are causing you.

There is also some good information - scroll down to Carlie's post here:

Edited July 25, 2012 by USMC5811

[SSGmajik]

Using the hadit.com search engine - I found the following for a sample of a NOD:

www.hadit.com/vaclaimslibary/law/nodsample.gif

For some reason having problems posting the link to the NOD sample but if you just type: Sample of Notice of Disagreement in the search box of hadit.com (located just above the title of this thread) you will be able to click on the link it provides.

Hope this helps a little.....sorry about the troubles they are causing you.

There is also some good information - scroll down to Carlie's post here:

Thank you, this is great info! Hopefully I can get my NOD letter out today or tomorrow. I just don't want to mess this up!