Should I file a NOD Now?

[wingnut73]

I am bothered some errors and assumptions made by the C&P Dr on my last C&P. I also think the rater is trying to intimidate the doctor by putting words in his mouth. Should I jump into this with a NOD or wait for the decision? If they try to take my SC or not rate me favorably, I most certainly will appeal. They are Flat out wrong on some of the medical issues in their messages to the C&P Dr.

[bluevet]

Wingnut, can you post the C&P (remove any personally identifying info), including the Instructions to the examiner and give us a little background? Is this a claim for increase or a VA scheduled re-examination or something else?

Edited August 19, 2015 by bluevet

[wingnut73]

I tried to assemble the C&P in such a manner that could be understood but it is scattered all over the place in MHV. Let me give it to you in anutshell

I am SC for scars and skin grafts, actinic kerotosis at 0%, I am SC for scars post excision for melanoma at 0%. I am SC for excision of numerous scars from excesion of multiple cancers and disfigurment of my ear at 30%. I recently had 4 surgeries for malignant Melanoma and asked for an increase on actinic kerotosis, and the scars ( 42 CM) from the melanoma.

The rater is ignoring my evidence (dive logs) from my service record of a solid year working as a diver in the tropics where uniform of the day was bathing trunks, and service medical records of severe sunburn. I have IMO in my file that indicates that sunburn in early years( I was 18/19 YO ) is the root cause of skin cancer ln later life.

I will work on getting the C&P together

  

[bluevet]

I'm probably not understanding correctly, but from what you wrote, your melanoma and kerotosis are already established as service connected. If that's the case, then the only thing for the VA to consider is whether you level of disability has increased. Why are you concerned about issues of causation? Am I confused?

Edited August 20, 2015 by bluevet

[USMC_VET]

You can not file a NOD until there is a decision, without a decision there is nothing to "disagree" with officially.  you have to wait  for the decision. 

now if you want and you are seeing the C&P notes reflect untrue statments...

• write up a sworn declaration that clarifies your statements, do NOT make accusations about the rater or the doctor.  just state, in my C&P exam notes for ___ it was noted i said (example) i have little to no pain due to _____, the full context of that was i was asked how much pain i was in now, i said that i was in a little bit of pain now but when i move or walk around it hurts a lot.
• Go and get a IME or exam done by a civilian doctor in that specialize field.  if you can get them to write up a DBQ even better.  get a copy of your C&P exam and when you talk to your doctor specifically go over the parts that you disagree with what the VA doc said and have it put in the civilian doctors exam notes.