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E-Mail To Ms. Hickey Now Doing A Nod Too!

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I sent an email to Ms. Hickey last night concerning my latest decsion for increase. One of my contentions was for a suprapubic cystotomy performed in September 2014. That contention was never even considered in my claim. The superpubic cystotomy was mentioned and documented in my C&P exam but never was evaluted in my decision. If the suprapubic cystotomy was evaluted then it should have followed the regulations of: Title-38 Chap-1 Part-4 subpart-b

4.115b Ratings of the genitourinary system—diagnoses.

7516 Bladder, fistula of:
Rate as voiding dysfunction or urinary tract infection, whichever is predominant.
Postoperative, suprapubic cystotomy 100%.

So because that was not followed correctly and added to my decision I have sent a letter to Ms. Hickey and now I am getting a NOD together too. Just who gets the NOD, the RO here in St. Petersburg Fl? Or the intake center listed on the last page of my decision packet? Thanks!

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jefmil50,

As a result of your email to Undersecretary Hickey, you will probably receive a call from the RO in a day or two. When they call, ask them where to send the NOD.

Good luck to you.

GP

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Wow,

I am in the Same situation, My CnP i had been evaluated or the Dr. filled the DB'q commenting on 2 issues i have, but were not rated in a decision.. hum..

Also troubling, before i new as much as i did i depended on the DAV for movement and application to my contentions. I had a migraine 30% and told the DAV that i did not agree with this. I thought they did something like NOD(i now know i should have insisted to get a receipts of this) I felt like the DAV was ignoring my disagreement so i went to ebenefits and clicked on a bunch of things like reopen, new and increase to get my claims moving and it did. They increased my rating for migraines to 50% but i realized .. wait.. why no retro.. why did then not go back to the date they rated me at 30% at which i did not agree to .. oh man.. i am so upset right now.. what to do.. is it a wash.. ..??

Edited by Valhalla0321
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Well I called my VSO and he said he was going to have my 30% raised to 60% for neurogenic bladder. I said ok but then mentioned what I said originally in this post about the rating for this suprapubic cystotomy and the way it is suppose to be rated according to 38 CFR. He seemed like he never heard of that. I told him I should have a 100% added by law!

So I called him back a couple days ago and asked him to send me something showing what he is doing about getting this fixed, he said ok he would. Of course it has been about a week now and nothing. I think it is finally about time to give up on all these VSO's.

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jefmil50,

I hope the best for you and your right about the VSO's, there are some and then there are none, that will help you. You have to be your own advocate-at least that's what i have learned. I got out in 2000 with a handful of issues and till 2013 they were not even on the map, they were side stepped and i realized it was because i was not being my own advocate or applying myself along side tandem to a PO(pwer of attny)

My question for you and everyone.. i heard that when you have a C&P and the Doctor makes note of conditions of impairment, even ones that you are not requesting connection that by rule they are supposed to be ratable or rate you?

My second question is what can i do about my Bladder issue? The VA know's about this and treats me even though i have mentioned this to the VSO i think it's being side stepped, please advise along with my C&P data listed below.

** i don't know why it's written like this but here is what's listed in pending disabilities**

Herpes Simplex (claimed As Urinary Condition) 02/08/2015 INC View Pending Claim

10. Other neurologic abnormalities
----------------------------------
Does the Veteran have any other neurologic abnormalities or findings related
to a thoracolumbar spine (back) condition (such as bowel or bladder
problems/pathologic reflexes)?
[X] Yes [ ] No
Description of condition and how it is related: Hx/o of urgency,
urinary
frequency, eneuresis X 4 years and has been seen at the Urology Clinic
with DX: Neurogenic Bladder.
See Urology Consult: 1/29/2015:
3. Voiding dysfunction
----------------------
Does the Veteran have a voiding dysfunction?
[X] Yes [ ] No
If yes, complete the following sections:
a. Etiology of voiding dysfunction:
DX Neurogenic Bladder
b. Does the voiding dysfunction cause urine leakage?
[X] Yes [ ] No
Indicate severity (check one):
[ ] Does not require the wearing of absorbent material
[ ] Requires absorbent material which must be changed less than 2
times per day
[ ] Requires absorbent material which must be changed 2 to 4 times
per day
[X] Requires absorbent material which must be changed more than 4
times per day
[ ] Other, describe:
c. Does the voiding dysfunction require the use of an appliance?
[ ] Yes [X] No
d. Does the voiding dysfunction cause increased urinary frequency?
[X] Yes [ ] No
If yes, check all that apply:
[ ] Daytime voiding interval between 2 and 3 hours
[X] Daytime voiding interval between 1 and 2 hours
[ ] Daytime voiding interval less than 1 hour
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