To Nod Or Not?

[TiredCoastie]

Should I NOD or not? That's the big question right now. The problem is that there is some hope that the VA will increase my SC migraines from 0% to 50% and my SC knee arthritis from 0% to > 0 without having to appeal just based on this claim. My last claim was screwed up from stem to stearn - they even missed the informal claim date that the DAV established for me - with a little help from my outside neurologist who didn't read the DBQ form right and answered "no" where she should have answered "yes." My reconsideration claim was the first time I've submitted for an increase on my knee. So there's some prospect that they'll get at least part of this right this time...

What really may need to be appealed is the impact of the TIAs which began on active duty and my hearing loss. Because TIAs don't leave any lasting disability, that's going to be a hard battle to win until I actually have a stroke. Thanks to all, again, who've shared their history with this disability and the VA.

The hearing loss is the real kicker - I've been denied SC because there is an initial intake hearing test that shows some hearing loss. While my hearing loss increased in service and was never as bad as initially tested, as shown by a whole stack of hearing tests covering 24 years in uniform as well as the VA's initial audiology C&P right after I discharged, the VA has decided to disagree. And I'm wearing VA issued hearing aids. And the QTC audiologist was trying hard to help me out this last time. And one of the top ENTs in our area filled out the DBQ with the help of his Air Force O-4 intern. For fighting over principle at this point for what could be a very small percentage increase I could miss out on years of a much higher percentage increase which could come earlier.

I'm watching the calendar move by day-by-day without any movement on my request for reconsideration of my latest claim. My last claim was finalized on Dec 27, 2012, and I filed for reconsideration on April 11, 2013. According to eBenefits, my claim has rested in "gathering evidence" for a couple of months without any gathering of evidence activity other than the 5103 waiver request. Before that, it was inprocessed twice. Based on what the performance stats show for my RO, they aren't doing a lot of anything, particularly on claims less than a year old.

So, the probability of the RO coming up with and communicating a rating decision on or before December 27, 2013, at its present rate of speed seems pretty unlikely unless something changes pretty soon. There have been a lot of posts about the VA not honoring the initial claim date when a request for reconsideration is denied, so I'm concerned that I'll lose out on several years of backpay that would eventually make its way assuming I win the appeal.

Really could use some advice. Should I submit a NOD and put this reconsideration and increase claim into extreme slow motion? Or let it ride, hope for the best, take what I can get (if anything), and then go back through the process to resubmit a claim for the hearing loss and whatever else if they deny it again this time then slam a NOD as soon as it's denied the next time?

How come there isn't a service connection for the conditions and diseases caused by the VA disability system?

[FormerMember]

To make sure they don't lose my filings, Berta, I use 8 1/2 X 11 Tickle Me Elmo© stationary but I still agree with you on putting the SSN/claim number on each page. You can never be too careful with these people. They're pretty slippery.

Edited September 6, 2013 by asknod

[Berta]

Hmmm.Tickle me Elmo.....great idea!

For one of my claims regarding AO, I used Bright flourescent Orange PC paper.

The only thing I ever did that got VA's attention right from the git go was, in order to combat a slanderous remarks in a posthumous C & P in 1996,

generated by completely ignoring my husband's complete 6 page autopsy (The C & P doc was stunned that they didn't give it to him.. and he told me .his entire opinion would have been different....)

I sent in rebuttal to the VARO some of my husband's cremains by priority mail and requested forensic testing on them

Of course they couldn't forensically test them at all.... but it sure created an enormous bruuhaha at the RO and I had definitely made the point I wanted to, and they finally read the autopsy.

I think what I did was actually illegal, to mail cremains, but at the time I didn't give a hoot in Hell.

I still have that SSOC and the actual C & P that they manipulated. By then they had twelve copies of the autopsy.

Many years later in 2008 when the BVA had my DMII death claim, the BVA took note of the multiple copies of the autopsy in my C file.

Some of the best people I have met in NY work for the VA.

But I learned that some of the raters will go as low as they can go, to deny a claim.

Maybe they think us widows are stupid.Like some of the VSOs out there think.

[TiredCoastie]

Thanks so much for the great advice! Now it seems like I've got some work to do. Unless eBennies is completely broken, absolutely nothing has happened to my claim at the RO since it was submitted in April other than go through data entry twice -- once into the old system and once into VBMS. Will check with my VSO this week, but suspect I'll not get a lot of information or support. Seems like last week was the first week that my RO actually did something in any quantity besides ancient claims...so hopefully that's a sign that they're working on someone's claim that's more recent.

I've got my STRs and the stack of follow on civilian IMOs along with copies of their DBQs, etc. I'll tie this up into a nice package and hammer them with it akin to an administrative investigation.

And I'll look for your book, Asknod.

[free_spirit_etc]

"Claimants often do that too. They tell a story in support of their claim,full of extraneous stuff that only turns off the attention of the rater.

Or maybe VA will read it all and find in it something that VA then uses against them."

This has me wondering. My claim is for my husband's lung cancer. Granted, it is in the record that he smoked. But I couldn't understand why my VSO asked me at the hearing if it was true my husband started smoking before he entered the military. I said I didn't know that for a fact because I didn't know my husband before he joined the military. I wouldn't know for a fact when he started smoking. Then he asked how much he smoked.

I have no idea why he asked me that at the hearing. He totally put aside all the evidence I had to present and wanted to focus on how long and how much my husband smoked. Again. It is obvious he smoked from the records. But why would my own VSO try to focus on that at my hearing?

I feel like I really blew my hearing because I went in prepared to state my case of evidence I had of his cancer starting in service - and the VSO started asking me about all the places my husband was stationed, and when he was stationed where. He knew dang good and well I wasn't married to my husband at that time. I know plenty of stories about plenty of places, but I just don't carry in my head exactly when my husband was where. But I do carry in my head the information related to my claim and the evidence I have to support it.

I feel like I really blew my hearing because I ended up looking like I didn't even know anything about my husband.

But your advice is well taken. I wish I had a second chance to clarify things. But none of those things were really relevant to my claim anyway. I just don't know why the VSO focused on them.

[TiredCoastie]

Just as an update - spoke with my NSO. He's quickly becoming my favorite of the four who have been part of my claim processing over the last three years. He called me back at his earliest opportunity. He expressed surprise and concern over the status of my claim and offered to do what he could to help move it along. I'm to call him back in a couple of weeks and check the status. He took my meaning very well that I'd hoped to avoid the appeal process by approaching the last denial through a reconsideration claim, which he recommended, and asked to give him a little time.

Meanwhile, ASKNOD, I'm reading your book - it's also $3.99 electronically from Barnes & Noble for those with compatible tablets, etc. Your point is very clear about the DBQ not being crafted well to be a true nexus letter and does leave a lot to be interpreted by the VA as they see fit. My outside ENTs will state that they feel that my hearing loss is clearly the result of exposure to noise. It seems very difficult to get them to say that it was exposure to noise that occurred while on active duty despite having given them a table of hearing test results showing my initial intake test, the multitude of tests since I entered, and then the tests done by the VA and others afterward. Any tips?

Because no matter what happens with the reconsideration claim between now and the end of December, I need to be ready to drop a NOD and a form 9 as soon as the decision is finalized or before the deadline...

[vern2]

Asknod, what is the title of your book?

I have several books, but would like yours.