Here is a sample of my NOD letter. Obviously I took out my personal info, but I just want to get thoughts on if this letter is good or I should change it.
Thank You,
SSGmajik
NAME
VA File Number XXXXXXXXX
Notice Of Disagreement on Claim Filed XX/XX/XXXX Rating decision on XX/XX/XXXX
WHAT: I, (name), am writing this letter as a notice of disagreement to the rating decision I received on XX/XX/XXXX. My TDIU claim was filed XX/XX/XXXX and I received a rating decision for this claim on XX/XX/XXXX and currently my TDIU has been deferred. I am providing medical evidence that shows that the C&P that was performed on XX/XX/XXXX contains errors. I am asking that the enclosed medical evidence and documentations to be reviewed and used to reevaluate my rating and my TDIU deferred claim.
WHAT: I disagree with the decision in lowering my L4-L5 disc herniation status post microdiscectomy with residuals, lowering it from 40% to 20% for the following reasons:
WHY: On XX/XX/XXXX a range of motion was performed at XXXXXX Spine Center (enclosed & on file) and it states that my lumbar forward flexion was 10 degrees.Also, I was recently examined by a physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX and a range of motion test was performed (enclosed). Each movement was measured 3 times using a goniometer and the average for each was: lumbar flexion was 11 degrees: lumbar extension 7 degrees: L lateral flexion 9 degrees: R lateral flexion 10 degrees. With these results, according to 38 C.F.R. § 4.71a, it warrants a rating of 40%.
With the above range of motion results provides evidence to my statement that the C&P range of motion exam on XX/XX/XXXX was incorrect and did not follow the "repetitive-use testing" that must be used in the exam; which was not stated in the exam or the notification letter. Also, a goniometer was not used and according to 38 C.F.R. § 4.46 Accurate Measurements, one must be used.
WHAT: I disagree with the decision in lowering my cervical strain with degenerative changes, lowering it from 20% to 10% for the following reasons:
WHY: Recently was examined by physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX and a range of motion test was performed (enclosed). Each movement was measured 3 times using a goniometer and the average for each was: cervical flexion was 29 degrees: cervical extension 29 degrees: L lateral flexion 15 degrees: R lateral flexion 19 degrees: Right rotation 24 degrees: Left rotation 22 degrees: With these results, according to 38 C.F.R. § 4.71a, it warrants a rating of 20%.
• With the above range of motion results provides evidence to my statement that the C&P range of motion exam on XX/XX/XXXX was incorrect and
did not follow the "repetitive-use testing"
that must be used in the exam; which was not stated in the exam or the notification letter.
Also, a goniometer was not used and according to 38 C.F.R.
§
4.46 Accurate Measurements, one must be used.
WHAT: I disagree with the 10% rating for migraines, also claimed as chronic headaches:
WHY: As stated in my C&P exam on XX/XX/XXXX, I have at least 2 migraine episodes per month. I continue to have at least 2 per month and they incapacitate me for several hours. According to 38 C.F.R. § 4.124a it warrants a rating of 30%.I continue to have daily headaches as well and I'm currently on medication for migraines and headaches as prescribed by the VA.
WHAT: Residuals, surgical scar, microdiscectomy, and lowering it from 10% to 0%.
WHY: My scar is very sensitive and painful to touch. My MRI's (enclosed & on file) show that scar tissue is attached to my sciatic nerve. According to 38 C.F.R. § 4.118, it warrants a rating of 10%.
I have enclosed all documents mentioned above with this letter. I have also enclosed a form filled out by my VA physician that was used for my student loan discharge filled out on XX/XX/XXXX. I would like to use this as evidence in deciding my TDIU claim along with the above information and medical documentation. In this form it states that I am unable to engage in substantial gainful activity and that myresidual functionality is less than sedentary. If you are unable to make any of the changes above and/or move forward with my TDIU deferred claim with the evidence provided, I would like the C&P exam on XX/XX/XXXX to be thrown out and a new exam to be performed.
Thank You,
Name
Contact Info
Thank you to all who are serving or have served our great country!
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
SSGmajik
Here is a sample of my NOD letter. Obviously I took out my personal info, but I just want to get thoughts on if this letter is good or I should change it.
Thank You,
SSGmajik
NAME
VA File Number XXXXXXXXX
Notice Of Disagreement on Claim Filed XX/XX/XXXX Rating decision on XX/XX/XXXX
WHAT: I, (name), am writing this letter as a notice of disagreement to the rating decision I received on XX/XX/XXXX. My TDIU claim was filed XX/XX/XXXX and I received a rating decision for this claim on XX/XX/XXXX and currently my TDIU has been deferred. I am providing medical evidence that shows that the C&P that was performed on XX/XX/XXXX contains errors. I am asking that the enclosed medical evidence and documentations to be reviewed and used to reevaluate my rating and my TDIU deferred claim.
WHAT: I disagree with the decision in lowering my L4-L5 disc herniation status post microdiscectomy with residuals, lowering it from 40% to 20% for the following reasons:
WHY: On XX/XX/XXXX a range of motion was performed at XXXXXX Spine Center (enclosed & on file) and it states that my lumbar forward flexion was 10 degrees. Also, I was recently examined by a physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX and a range of motion test was performed (enclosed). Each movement was measured 3 times using a goniometer and the average for each was: lumbar flexion was 11 degrees: lumbar extension 7 degrees: L lateral flexion 9 degrees: R lateral flexion 10 degrees. With these results, according to 38 C.F.R. § 4.71a, it warrants a rating of 40%.
WHAT: I disagree with the decision in lowering my cervical strain with degenerative changes, lowering it from 20% to 10% for the following reasons:
WHY: Recently was examined by physical therapist at the VAMC in XXXXXXX on XX/XX/XXXX and a range of motion test was performed (enclosed). Each movement was measured 3 times using a goniometer and the average for each was: cervical flexion was 29 degrees: cervical extension 29 degrees: L lateral flexion 15 degrees: R lateral flexion 19 degrees: Right rotation 24 degrees: Left rotation 22 degrees: With these results, according to 38 C.F.R. § 4.71a, it warrants a rating of 20%.
WHAT: I disagree with the 10% rating for migraines, also claimed as chronic headaches:
WHY: As stated in my C&P exam on XX/XX/XXXX, I have at least 2 migraine episodes per month. I continue to have at least 2 per month and they incapacitate me for several hours. According to 38 C.F.R. § 4.124a it warrants a rating of 30%. I continue to have daily headaches as well and I'm currently on medication for migraines and headaches as prescribed by the VA.
WHAT: Residuals, surgical scar, microdiscectomy, and lowering it from 10% to 0%.
WHY: My scar is very sensitive and painful to touch. My MRI's (enclosed & on file) show that scar tissue is attached to my sciatic nerve. According to 38 C.F.R. § 4.118, it warrants a rating of 10%.
I have enclosed all documents mentioned above with this letter. I have also enclosed a form filled out by my VA physician that was used for my student loan discharge filled out on XX/XX/XXXX. I would like to use this as evidence in deciding my TDIU claim along with the above information and medical documentation. In this form it states that I am unable to engage in substantial gainful activity and that my residual functionality is less than sedentary. If you are unable to make any of the changes above and/or move forward with my TDIU deferred claim with the evidence provided, I would like the C&P exam on XX/XX/XXXX to be thrown out and a new exam to be performed.
Thank You,
Name
Contact Info
Thank you to all who are serving or have served our great country!
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