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Filing Nod


JohnM

Question

Ok here I go and this may be lengthly, hope my spelling is ok.

WE got John's C&P report the other day, everything went good, actually better than I thought. The only thing that was not right was John's hearing.

Enlistment exam dated 02/25/66 indicated: normal hearing ( Remember he enlisted twice) this was his first enlistment exam. On 12/9/68 exam indicated normal hearing except for mild hearing loss in left ear, ( This was less than a month before he went to Viet Nam). His next hearing test was 6/18/70 just before his first discharge indicated normal hearing except for mild hearing loss in left and right ear.( Right after Viet Nam)

( He was in Viet Nam for 12 Months). His hearing has gotten worse through the years, with tinnitus,

dizziness and vertigo

Her medical opinion is ( Private medical records where not reviewed) No mention of tinnitus or hearing losss on discharge exam

( that's funny it states right on discharge papers that he has a hearing loss). Her opinion is : It is not caused by or a result of his military service.The discharge exam dated 10/2/72 indicated normal hearing except for mild haring losss, during the 34 years patient has had occupational and recreational noise exposure( reportedly all with hearing protetcion) these factors support the above opinion.

Ok here's the question(s)

Would John have a good arguement for NOD? and if so is there a special form to fill out?

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Ok here I go and this may be lengthly, hope my spelling is ok.

WE got John's C&P report the other day, everything went good, actually better than I thought. The only thing that was not right was John's hearing.

Enlistment exam dated 02/25/66 indicated: normal hearing ( Remember he enlisted twice) this was his first enlistment exam. On 12/9/68 exam indicated normal hearing except for mild hearing loss in left ear, ( This was less than a month before he went to Viet Nam). His next hearing test was 6/18/70 just before his first discharge indicated normal hearing except for mild hearing loss in left and right ear.( Right after Viet Nam)

( He was in Viet Nam for 12 Months). His hearing has gotten worse through the years, with tinnitus,

dizziness and vertigo

Her medical opinion is ( Private medical records where not reviewed) No mention of tinnitus or hearing losss on discharge exam

( that's funny it states right on discharge papers that he has a hearing loss). Her opinion is : It is not caused by or a result of his military service.The discharge exam dated 10/2/72 indicated normal hearing except for mild haring losss, during the 34 years patient has had occupational and recreational noise exposure( reportedly all with hearing protetcion) these factors support the above opinion.

Ok here's the question(s)

Would John have a good arguement for NOD? and if so is there a special form to fill out?

No.

You really can't file a NOD until a decision is reached but what you might consider is attaching the info you feel was missed and giving it to your VSO or VA without mentioning the C&P.

Steve

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No.

You really can't file a NOD until a decision is reached but what you might consider is attaching the info you feel was missed and giving it to your VSO or VA without mentioning the C&P.

Steve

Let me clarify this

I mean after he gets a rating, I'm thinking because of what she wrote down that they will deny him for hearing loss and then the Menier's disease will be denied.

He has gone through all the testing for vertigo, therapy, and still has the falling down dizziness, also did and MRI and they can not come up with a reason for his vertigo.

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  • HadIt.com Elder

From your previous post, you stated your husband has lower back problems. Does he also have upper back problems (Cervical Spine or the neck)? Cervical spine problems such as protruding or herniated discs can also cause vertig and headaches. A lot of doctors will miss this, they'll examine the ears and so forth without finding anything when the patient has cervical spine abnormalities.

Vike 17

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From your previous post, you stated your husband has lower back problems. Does he also have upper back problems (Cervical Spine or the neck)? Cervical spine problems such as protruding or herniated discs can also cause vertig and headaches. A lot of doctors will miss this, they'll examine the ears and so forth without finding anything when the patient has cervical spine abnormalities.

Vike 17

No just lower back, lumbar spine. No headaches, a lot of dizziness, sick to the stomache ( especially when our dog licks behind his ear ).

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We filed for hearing loss, vertigo, tinninus and menier's

menier's because they ( independent Dr.) can not come up with why he has vertigo

In either case if he is denied( which I'm already preparing for ) we will file for NOD.

All she did was counter dic herself, and records clearly state that before discharge he had a hearing problem.

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Also- if you have to prepare a NOD- tell them his MOS in service or whatever put him into a high range of noise. Vietnam vets in combat did not get protective hearing devices.

A NOD has no special form -it is just a letter stating Notice of Disagreement and then stating that you disagree with the decision dated ---- because--------.

Add that if the benefits sought remain denied, you will fully appeal any negative decision.

It pays to expand on why you disagree. In some cases a good NOD can turn the denial around.

Does John have DMII and did they give him this C & P yet?

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I believe this could be another instance where a request to reconsider might be the best option. Again, when you have new evidence which in this case you do, then a request to reconsider can be so much faster in getting the decision your looking for. Request to reconsider can take anywhere from 2-5 months versus a nod (no telling but probably at least a year). If your request to reconsider is denied then you still have the option to submit the NOD within one year of date of the denial.

Steve

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Also- if you have to prepare a NOD- tell them his MOS in service or whatever put him into a high range of noise. Vietnam vets in combat did not get protective hearing devices.

A NOD has no special form -it is just a letter stating Notice of Disagreement and then stating that you disagree with the decision dated ---- because--------.

Add that if the benefits sought remain denied, you will fully appeal any negative decision.

It pays to expand on why you disagree. In some cases a good NOD can turn the denial around.

Does John have DMII and did they give him this C & P yet?

He had his C&P for medical, DMII, back, shoulder, PN, hips,

four out of 5 where at least likely or not, left hip was, right hip not. plus For PTSD, hearing and eye exam

hearing was not good, eye exam I don't know about this because he was told by our private doctors to have the catract surgery because of his balance, so he had both eye's done before the exam was scheduled.

I guess at this point we will have to wait and see, I do know that I will disagree with the hearing,

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  • HadIt.com Elder

You know if you have new evidence on an old claim the VA will probably give you a ED of the date they get the new evidence. That happened to me. I had a claim that had been in appeal for a few years and I gave the VA new evidence and the ED was the date they got the new evidence on reconsideration.

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  • HadIt.com Elder

The devices Berta were uncomfortable and very few soldiers I was around used them. As much as your MOS your outfit could play an important roll. I was in the Air Cav and trust me it was noisy and I have no doubt that the motor pool and artillery contributed to my tinnitus

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You know if you have new evidence on an old claim the VA will probably give you a ED of the date they get the new evidence. That happened to me. I had a claim that had been in appeal for a few years and I gave the VA new evidence and the ED was the date they got the new evidence on reconsideration.

This isn't true when a request to reconsider is done within 1 year from the date of the decision. When you send in a request to reconsider within 1 year, your original date of claim will be maintained.

Steve

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Good point- but one must still watch out for the NOD year limit-if they file for reconsideration.

I filed for reconsideration of my SMC CUE denial and they did begin to work on it again.

What they questioned in the denial -I was able to combat with probative evidence.

They said the veteran had not filed Sec 1151 in his lifetime- but he did and the claim is right in my c file.

The accrued SMC award denied in the past is dependent on this filed Section claim, awarded posthumously.

Also they did not read a General Counsel Pres Op which clear states that with 100% SC, and also 100% Sec 1151, the veteran was eligible for SMC but never considered.

Still- that year is up next Sept for the formal NOD and I marked my calendar for sure.

I saw a REcon request that almost messed up the vet.

However his vet rep had sent a 4138 to the VA stating that if the reconsideraion request did not provide the benefits it sought, please conside it as a formal NOD.

The VARO denied after they got the recon request and said he had not filed a formal NOD in time.

But the BVA remanded, finding the 21-4138 from his vet rep asking the VA-if the Recon did not grant the benefits sought- to consider the request as a formal NOD and remanded because this was found as a valid NOD.

Edited by Berta (see edit history)
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