My Nod For Forum Review.

[SpcDearman]

Here is what I will be sending on Monday. i want to have the entire weekend for you guys to opine.

TO: Department of Veterans Affairs

This is a Notice of Disagreement with your rating decision dated 11-1-12 which denied my claim for bilateral shoulder, bilateral knee, and lung condition . I request my claim be afforded a de Novo review by a Decision Review Officer and a Statement of Case (SOC) be prepared and forwarded to me. I also hereby request all copies of my Service Medical Records to be used for review by my private physician.

Thank you.

Disgruntled Vet. (ok i might put my real name here lol)

[carlie]

Spc,

Do you already have what is needed to overcome the reasons for denial/s ?

[SpcDearman]

Spc,

Do you already have what is needed to overcome the reasons for denial/s ?

the only thing that i am missing for my IMO is my smr's. I have all medical records from 2003 when I started using the North Texas VA medical center till now. I need the smr's so that my doctor can make the connection. I just dont want to run out of time. the decision was made on November 1st 2012.

[broncovet]

Carlie is right. When I do a NOD, I "argue my case", and cite supporting evidence. I dont "wait" and send that evidence in "later". I also dont count on my VSO to "argue my case" either. (The VSO probably never read my medical report, so how would he know why I deserve a higher rating) Why? Because the VA LOVESSSSS TO LOSE your EVIDENCE and then deny saying they never received your evidence. Documenting, in your NOD, that you sent the evidence makes it difficult for the VA to lose your evidence and get away with it, because the judge will read your NOD.

This way, when I have everything in the NOD, by acknowledging receipt of the NOD, they cant later say, "We did not receive your reasons supporting your case" because they acknowldged receipt of those when they send you a notice they recieved your NOD. YOU HAVE GOT TO ASSUME THE VA WILL LOSE YOUR EVIDENCE AND IF THEY DONT< SO much the better.

Make sure you REFUTE the VARO "reasons and bases" for decision.

Example:

I disagree with the RO decision dated (make sure you put the date of the decision disputed!) Jan. 1, 2012 and request a DRO review as to the following issues:

1. Bilateral Shoulder. Contrary to the Regional office decision, Doctor Ima Duckworth, VAMC Roanoke Virginia physician stated on 2/2/12, "The Veterans shoulder issue is at least as likely as not due to the ....injury received while in military service. Further, Dr. Quack said on 3/2/12, "The shoulder injury in the right shoulder has caused a similar injury to the left shoulder".. The physicians report is enclosed for your inspection.

2. Lung condition. Dr. Doolittle, the Veterans VA physician stated on 1/3/2011, "............", which is also in his report. This is in conflict with the RO decision.

3. Bilateral Knee. Dr. Kirk Kevorkian, VAMC physician stated, "........." which directly refutes the regional office decision in its "reasons and bases" for denial.

Signed...

Ima tickedoffvettoo.

Enclosures:

1. Dr. Duckworth report dated 2/2/12

2. Dr. Doolittle report dated 1/3/2011

3. Dr. Kevorkian report dated 1/11/99.

Edited December 21, 2012 by broncovet

[SpcDearman]

Carlie is right. When I do a NOD, I "argue my case", and cite supporting evidence. I dont "wait" and send that evidence in "later". I also dont count on my VSO to "argue my case" either. (The VSO probably never read my medical report, so how would he know why I deserve a higher rating) Why? Because the VA LOVESSSSS TO LOSE your EVIDENCE and then deny saying they never received your evidence. Documenting, in your NOD, that you sent the evidence makes it difficult for the VA to lose your evidence and get away with it, because the judge will read your NOD.

This way, when I have everything in the NOD, by acknowledging receipt of the NOD, they cant later say, "We did not receive your reasons supporting your case" because they acknowldged receipt of those when they send you a notice they recieved your NOD. YOU HAVE GOT TO ASSUME THE VA WILL LOSE YOUR EVIDENCE AND IF THEY DONT< SO much the better.

Make sure you REFUTE the VARO "reasons and bases" for decision.

Example:

I disagree with the RO decision dated (make sure you put the date of the decision disputed!) Jan. 1, 2012 and request a DRO review as to the following issues:

1. Bilateral Shoulder. Contrary to the Regional office decision, Doctor Ima Duckworth, VAMC Roanoke Virginia physician stated on 2/2/12, "The Veterans shoulder issue is at least as likely as not due to the ....injury received while in military service. Further, Dr. Quack said on 3/2/12, "The shoulder injury in the right shoulder has caused a similar injury to the left shoulder".. The physicians report is enclosed for your inspection.

2. Lung condition. Dr. Doolittle, the Veterans VA physician stated on 1/3/2011, "............", which is also in his report. This is in conflict with the RO decision.

3. Bilateral Knee. Dr. Kirk Kevorkian, VAMC physician stated, "........." which directly refutes the regional office decision in its "reasons and bases" for denial.

Signed...

Ima tickedoffvettoo.

Enclosures:

1. Dr. Duckworth report dated 2/2/12

2. Dr. Doolittle report dated 1/3/2011

3. Dr. Kevorkian report dated 1/11/99.

I agree wholeheartedly with both of you. thanks to Rdawg I now am conditioned to expect that VA will attempt to deny anything that I send in without appropriate background. Here is my dilemma. I was denied on November 1st and want to be sure of my deadlines. Can you please advise me the time frames for a NOD and appeal. i want to keep my effective date. I get to speak with my PCP the middle of January and want to have everything for him to provide me a IMO. I really do believe this will be a slam-dunk but ONLY if i can get a copy of my SMR's that I have requested and not received (Nov 2nd 2012. )

I used to be sad that I was denied. I have been looking at BVA cases for 2011 and see that the C&P examiner (Darren Hightower PA since 2011) left himself open to be refuted for speculation. I have a renewed sense of don't give up and I don't see myself giving up. The Military screwed me over by making me go 3 years with the issues with my shoulder ( I should have been medically discharged, or not even allowed to enter) but they wont screw me over on my benefits.

[carlie]

VBA 101 - Claims - NO CLAIM ISSUE SHOULD BE CONSIDERED

A SLAM DUNK.

I would not count on receiving a complete copy of your SMR's

in less than 3 months, at minimum, especially since it holiday time.

Can you post the Reasons and Bases Section from the denied issue/s ?

[rdawg]

don't take it personnally that the military let you go for three years with your condition.

The military has a mission.

The people who serve are expendable assets like tanks and bullets.

This is why the VA exists, to take care of those who served under such a physically and mentally distructive environment.

With that said, you are on the correct track to provide the VA with the required medical evidence for them to be able to grant service connection on your conditions.

You have one year to file a NOD or submit new evidence. There are differing opinions on this board as to which way to go. My opinion is based on my experience.

Here it is for what its worth. The VA does not like NODs. They consider them to be adversarial. Like I said you are on the correct track. Your next step depends on the strength of the IMO you are able to obtain. If it is a strong IMO, written by someone who understands VA law and language, and it is able to refute the negative C&P then I would submit it and ask for a reconsideration based on the newly submitted evidence. I would not even mention the NOD. Once they reconsider your claim then your clock starts over. You will have another year to file a NOD from the second decision if it is denied. This also preserves your earlier effective date of the original claim (good retro).

Some others on the board say go straight to appeals because you are going to be there anyway so get started sooner than later. But if you submit new evidence with the NOD and within a year of the decision then the VA will be required to evaluate that evidence before they issue a statement of case. So why not just ask for a reconsideration and try not to piss them off(here come the comments).

One note of warning. Dr. Bash can take a long time to complete his IME/IMO. If you try your new private Dr first and it does not work out you may not have time for Dr Bash before your year runs out. If that happens then you can still ask for them to reopen your claim based on new evidence but you will lose your effective date of the original claim. The effictive date would be the reopen date.

Good luck, I hope this helps

Edited December 21, 2012 by rdawg