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ping jockey

Nod By June 18, 2014

Question

Hi,

I hope everyone is having a great Memorial Day weekend.

As always, thanks to all the Elders and everyone who make this place possible!

I have to submit my NOD by June 18th, 2014 - soon, I know.

I'm hoping Berta, Carlie, Bronco Vet and/or the others can weight in on how/whether to file my NOD.

First, do I have a legitimate NOD for either or both:

  1. My OSA rating being combined with other ratings, when OSA is supposed to stand on its own?
  2. Seeking a 60% rating for CFS because the decision letter cites "no compensable symptoms"?

Regarding CFS, my symptoms rise to the 60% level, as they stand all on their own. So, am I missing something here? In other words, does the CFS being secondary to OSA neturalize the 60% rating, rendering that condition a 0% rating? I am puzzled; however, NOT SURPRISED if this a V.A. overisght - in their favor of course.

Decision Letter of June 18, 2013:

I TRIED UPLOADING MY LETTER; but, it was 11MB.

T-bird is there anyway I can post it?

I will e-mail it to those who can help, if not.

With appreciation,

PJ

Edited by ping jockey

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http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1413006.txt

This BVA decision has references to combined ratings, which are not uncommon.

The VA SRD here also has more info.( VA SRD VA Schedule of Disability Ratings)

"Regarding CFS, my symptoms rise to the 60% level, as they stand all on their own"

Symptoms are not usually ratable,but manifestations of symptoms, that cause further disability are.



We could perhaps help more if we can read the Reasons and Bases part of the decision, you dont need to attach the whole thing.

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Hi Berta,

Thanks for responding! I'll dig out the material tomorrow. I got terminated from my job today, so not feeling up to it. After this experience, I never want to look for another job. My conditions always seem to manifest negatively in one way or another in the employment setting leading to these miserable experiences. I feel nauses and like throwing up right now....going to bed.

Again,

Thanks

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I am sorry to hear about your bad day ping. I hope tomorrow is a bit better.

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