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]

I hope I'm not committing a crime. I do not advertise other than my site to avoid the appearance of commerciality .http://asknod.wordpress.com/. I've made almost $300 back on my $6,000.00 investment a year ago. At this rate my break even point is 2148 (within 125 days) with 90% accuracy.

Look for the Black book w/ red lettering in the upper right below the Vietnam Campaign Medal Click on it and it will lead you to it also. Google asknod and it pops up too.

[free_spirit_etc]

I got the book and it is very interesting. Of course, some of it is in retrospect for me now, since I am already at the BVA level and already had my hearing (kind of sort of).

I think the book makes an important point of doing the best you can with your claim throughout your claim. I pretty much made the assumption I would not win at the RO level. So I didn't even bother to get an IMO until my claim was certified to the Board. I am not sure if working my claim harder would have made a difference at the RO. But after seeing their pattern of pretty much ignoring the evidence we sent and twisting the evidence they had (as in previous claims that my husband had when the VA doctors clearly connected my husband's disability to the SMRs -- but in a different way than he was claiming) - I just figured I was wasting my time and causing stress to ever try to convince them of anything.

But I did notice on my claim that the SSOC wasn't just a replica of the SOC (like they had been before on my husband's claims). So maybe the RO has actually started to play the game a bit differently - and I might have been able to get my claim granted at the RO level.

[FormerMember]

I'm 0/3 on DRO reviews but 1/1 at the CAVC. You drive for show but you putt for dough as they say in golf. VA is pretty hard-headed if the condition/disease/injury is at all controversial. VAROs tend to kick on 4th down to the BVA. Especially on HCV via a jetgun. Watch for a whole new view soon on Sleep apnea. They're getting ready to whack that down. Hope you get something from the book. I will add that you should parse every noun and verb in a SSOC or SOC for meaning. VA is the past master for hiding a big fact for denial in an innocuous phrase. Similarly, they tend to screw up the facts so badly (in their favor) that you lose. Timelines always find you on the outside of the corral. Divide and conquer where they deny one disease and all the others you claimed secondary fall by the wayside. Etc. Etc. Read some of the decisions from the CAVC on different subjects to see how they use post hoc rationalizations to explain away procedural violations and due process.

[free_spirit_etc]

Yes. I got quite a bit from reading the book. I thought it had lots of good pointers.

What are they going to whack down with sleep apnea?