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So I Refilled My Nod

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So here is the skinny. REfilled a NOD for IBS with the Phx VA., 6 months later I get a letter where I get an increase on all my other claimed disabilities, which by the way I did not ask for, but no mention of the IBS for which I filled the NOD to start with.

IBS is documented by the service and verified by VA doctor. (during Desert Storm they fed us veggies of the local economy without knowing that they fertilized it with human waste so the whole unit had the shits.......some of us never recovered!)

Has this happened to anyone else? I mean it was black and white written what I wanted increased and that is exactly what they did not look at, ie I did not have appointment for, except for my normal stuff: back issues from being blown up in 2005 in Iraq, TBI and joint issues i guess 22 years as a paratrooper took its toll on my joints...........than they tacked on PTSD which I did not ask for (personally think it is bs, no different from what a firefighter and police officers see or deal with and they do not get PTSD).......anyway that is just me.

any input welcome

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Did they send you a SOC? When did you get the notification that your other conditions were being increased?

If it looks like they think they're done with your NOD and if it were me, and this is just off the cuff and without a lot of experience here, I'd write them a letter, point out that your appealed contention was not mentioned in their latest decision communications, and that you mean for it to be processed as part of your appeal. I'd thank them for determining that an increase in the rest of your conditions was warranted. However, you were concerned about your SC and/or rating for IBS and would like to have that addressed now, please.

Some might suggest sending an IRIS email to ask. If you just got the decision notification, that might be OK if you want to check the status of the IBS decision appeal. Maybe somehow they kicked out an increase for what you didn't ask while still processing the question of IBS and a second decision from them is pending? You'll know better than any of us if this is the case. However, don't we have something like 60 days to respond to a SOC with a Form 9? If the RO starts arguing that they sent you a SOC (your notification that your SC conditions were increased in rating) and you didn't respond in a timely manner, that's a major uphill fight to fix. That 60 day timeline, if I've got that right, is a major deadline and I'd do whatever to ensure that you don't get buffaloed into missing it. Your signature on a letter is an official notification that something isn't right.

Thinking about this more as I type, if you look and determine that they sent you a SOC and did not mention IBS, I'd take that as a slient "denied" and file a Form 9 before the deadline. Maybe you could fill one out and send it in with your letter, just to cover the bases to ensure no surprise defeat?

Edited by TiredCoastie
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"So here is the skinny. REfilled a NOD for IBS with the Phx VA'

what happened with the first NOD?

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sounds like the carrot and the stick trick to me. fool you with temporarily giving you an increase in your other contentions hoping you will say.,, hmm I got more money, to hell with the IBS.. then later on, after u drop the IBS and winning it will be MUCH harder , they lower the ratings on your other conditions. DONT LET THE CLAIM DIE.

ALSO can u post the information regarding the food that was aquired locally that was grown in human feces. possibly documentation that others can use in thier claims. thanks

Edited by 63SIERRA
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  • HadIt.com Elder

Just so you know "PTSD is real" and police officers and fire fighters do get it. Not all but some, just like some veterans. (Now, personally, I think IBS is BS. Guys have a little diarrhea and the next thing you know they want to get paid for it.) Anyway that's just me. jmo

pr

Just so you know I was kidding about the IBS stuff!!!

Edited by Philip Rogers
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