Nod Accepted By Vamc Atlanta Advice Needed

[tonio]

Good Morning my fellow Hadit members I am up burning the midnight oil as usual and I've been pouring over our forums and posts reading and reading since 3 pm and I am perplexed about my current NOD. I will explain it as simple as possible and maybe someone has the answer. I am a former Homeland Security Officer ( in Washington D.C.) that was hit by a truck in the line of duty back in June 2005. I was under the schedular limits to be award IU since I am at 80% total now this should be a no brainer right ?

Long story short there was 5 months of workman's comp then I was cut off and had to move in with family ( Atlanta ) four years later I was finally granted a retirement (2009) from DHS / OPM.gov for the injuries sustained in the accident and the military injuries that were exasperated as a result. I filled for SSN benefits afterwards they were awarded in early 2007.

At the time of my accident I was 50% with several pending decisions from VAMC. The VAMC in Atlanta Granted my Sleep Apnea 30% initially then to 50% after another sleep study & C-Pap. Then my file went to AMC, why I don't know ?? Nevertheless I had a bilateral surgery on my left knee (2007) in relation to my 30% non union of the patella Right knee.

I had already asked for an increase on my Right Knee Non Union issue (30 % Service Connected) and SC for my left knee bilateral. But I was denied by VAMC Atlanta on everything but had some C&P Exams I was granted 30 % SC for mood depressive disorder. So I am sitting at 80% currently in denying me I automatically sent in a NOD Disagreeing with their decision stating that I wanted my IU & ED to be adjudicated with what the AMC had recently awarded me but the VA says they never got my NOD dated 3/25/2010. So a couple years go by I get a few letters saying we're still working your claim and then I sign up for Ebennies and they show no claim pending.

By now i've moved back to Virginia & Purchased a home thru the VA no more homelessness for me I go on to contact my VFW vso he says bring in all your files and proof of said NOD you sent into the VAMC 3/25/2010 I had the PS form 3811 ( Green Return Receipt ) with the VA signature, Post Office Receipt & the original packet that they never got. So we resubmitted the entire file and NOD in my pack was my IMO from Dr.Craig Bash & private Dr. reports so my questions are as follows.

1. The VA sent a letter on Feb 13 2013 accepting my original NOD dated from 3/25/2010, Do I need to send anything else into the DRO ? This is my 1st DRO to be honest so I am not sure of the process.

2. The letter ask me to respond to this question " if we have interpreted this differently from your intent, Please tell us immediately. If this is your intention, Please notify us of your intentions. This letter describes what happens next. Am I supposed to write back to the VAMC in Atlanta and respond to this letter ?

3. Do you all feel a C&P is on the way ? Either way after so many years of waiting I am very happy just to get a letter. Sorry for the long winded message I am scatter brained right now and I don't think so clearly anymore so I write it out as best I can. Thank you all for the help thus far forgive the typos and run on sentences. God bless you all my friends and Thanks Antonio

[Berta]

"1. The VA sent a letter on Feb 13 2013 accepting my original NOD
dated from 3/25/2010, Do I need to send anything else into the DRO ?
This is my 1st DRO to be honest so I am not sure of the process. "

GREAT on the older NOD !!!!

is the decision you Nodded list and consider all of your evidence? DO you have more evidence since the 2010 decision?

Make sure they consider the IMO from Dr. Bash!

I assume you have a formal 21-8940 TDIU form pending...

When did Dr. Bash do the IMO and in the last years have there been additional treatment records too? VA needs to know that.

Also they need to know any med changes as a med change can show an increase in disability sometimes.

Also do you receive SSDI and if so,is it solely for SC conditions?

2. " The letter ask me to respond to this question " if we
have interpreted this differently from your intent, Please tell us
immediately. If this is your intention, Please notify us of your
intentions. This letter describes what happens next. Am I supposed to
write back to the VAMC in Atlanta and respond to this letter ? "

Boy that sounds like VA double talk. What do they mean by intent...do they mean intent that your 2010 NOD stands as it is?

And you want them to adjudicate you for TDIU?

I would sure say Yes to both of those questions if I were you.

3." Do you all feel a C&P is on the way ? Either way after so many
years of waiting I am very happy just to get a letter. Sorry for the
long winded message I am scatter brained right now and I don't think so
clearly anymore so I write it out as best I can. Thank you all for the
help thus far forgive the typos and run on sentences. God bless you all
my friends and Thanks Antonio "

Antonio ,if they order a C & P that is a very good sign. It would determine the highest rating level you can get ...which I would expect to be TDIU.

[tonio]

Berta Thank you so much for timely and honest response. Your questions and answer made me smile a much needed grin today. My IMO was completed by Dr.Bash on 9/3/2009 which I had submitted with my NOD that has been accepted. Yes I found in my saved records where the BVA denied all of my secondary conditions to my right knee non union except my mood depressive disorder which AMC rated me at 30% which took me over the scheduler threshold of my IU requirements to 80 % total. I had two C&P exams 12/11/2009 in Atlanta,GA. Since i've moved back from Atlanta to Virginia my metformin pills that are used to treat my diabetes dosage has been raised from 500 mg two times a day to 1000 mg to times a day my hypertension meds Linisinopril have increased from 5 mg a day to 20 mg per day. My mental meds were changed completely but I was kept on Bupropion since it helps keep me calm from panic attacks it was raised from 150 mg to 200 mg 2 times a day. Arthritis ( Gout ) meds Allopurinol also were upped from 150 mg to 300 mg. The only other thing I can think of that's changed is my Primary care Dr had the VA come out and install bars in my showers at the house because I keep falling a lot. I'm still using my dual metal knee braces for the bilateral instability and my rolling walker.

Oh and my Va form 21-4192 was originally submitted in 2009 by the HR dept by my former job with homeland security, They filled the paper work out wrong the first time and the VA denied my IU the 2nd time saying my SSDI was granted because I got hit by the truck in the line of duty and not because of my previous service connected disabilities So my IU was not valid. Should I resend the 21-4192 in and ask for them to back date it to 2009 ?

I believe my SSDI was granted due to my SC disabilities I sent in my entire C-File Along with anything else they ask for it was primarily my SMR that were used. Thank you again for your help !! I do appreciate it dearly.

Edited February 22, 2013 by tonio

[71M10]

Berta provides sound advice. However, I will add, take up a hobby. May I suggest watching stalagmites grow, Luray caverns have some spectacular ones!

Sure do miss those senic drives on the Shenandoah Parkway (one of the best escapes from the DC experience).

[FormerMember]

What I see here was a perfect place to file a Writ of Mandamus to compel the VASEC to comply with the NOD. Very poor advice from the VFW. A Writ would have put the bacon on the BLT in less than six months. If you have proof of mailing and there is no argument about the presumption of regularity ( that the the USPS delivered it) then equitable tolling kicks in. You do not have to resubmit the document. VA has to produce it and right now. If they cannot, then you are free to submit whatever you want as an original document in lieu of the 2010 NOD assuming there are no copies. VA is the guilty party. Your green card is your ticket to Paradise. Getting back in line just put you back another three years to any meaningful resolution. Add another for a DRO to manufacture a SOC.

I did the same thing. I filed in 1994 and VA dropped the ball after my NOD. I refiled in 2007 and won. Like a dummy, I went down the DRO road and lost another year chasing the EED. No dice. Now I'm at the CAVC and VA has finally (five years later) admitted they may have stepped on their necktie. They're offering 94 and an olive branch to walk away from Indiana Ave. I could have just gone to the Court first and said "Yo, about 1994. When are we going to complete that? I'm still waiting." In your case, VASEC would have about 90 days to answer as to why 2010 didn't happen and about another 60 following execution to produce some meaningful conversation about how he was going to make your boo-boo all better in no time flat. Meanwhile the Court would be in his shirt pocket observing the whole thing in case he decided to slide a little. Those are the decisions we like to read about.We haven't seen a good one like that since Jean Erspammer did it back in 1991.

Edited March 10, 2013 by asknod