OMG please help me with this mess for NOD hearing this Friday

[Navy4life]

Okay so most of you know my situation...

I have my NOD this Friday and I got my C-File in the mail today!  Nothing like getting it at the last minute but I am sure glad I did!!!!  

Here is my issues and I need help please for my hearing on Friday!

My NOD hearing is for right ankle sprain DENIED; right 5th metatarsal fracture DENIED; and left foot/toe condition.  The issues surrounding this are the following:

June 2014 Award Letter stated Morton's Neuroma w/status post avulsion fracture, 5th metatarsal, right foot - THAT WAS WRONG - it was actually for my left foot/2nd toe 

My November 2014 Award Letter - stated my status post avulsion fracture, 5th metatarsal, right foot as DENIED; right ankle sprain DENIED; left toe condition DENIED.

Now fast forward to this mess on my floor - my C-File!

I see this in my C-File which pertains to my current FDC claim that is in Preparation For Decision.  Notice the "temporary convalescence for right broken foot secondary to left ankle comment.  What does "Issue is RTR"????rater letter 1_Redacted.pdf - Do you think they are holding off on my FDC until after the NOD????

Next is the Ankle DBQ from July 2013.ankle _Redacted.pdf - I uploaded the two pages of concern.  Look at question #1 Diagnosis and tell me if you see the error for Diagnosis #2 - This the issue I am stressing about!  The doctor notes ICD code for right 5th metatarsal  with date of 1993.  He notes it affects left side?  Is this not a direct diagnosis for me?  I also have right ankle sprain diagnosis and left ankle synovitis diagnosis yet I was only S/C for Left ankle synovitis?????  Is this not sufficient enough to have had me S/C for right ankle sprain and right foot fracture?

Next is the Foot DBQ from July 2013.foot 1_Redacted.pdf - Again look at #1 Diagnosis - Morton's Neuroma ICD 355.6 as of 1992.  Look at the foot injury and see the date of diagnosis for fracture of 6/23/13.  That is wrong!  That is the date of an MRI I had of that foot but the fracture was already noted on Ankle DBQ

How did I not get rated?  So many screw ups with this!

This is already evidence but should I bring it and POINT out the CUE's????????

Here is the picture of my entire C-File!!!! Gotta love it!  It still doesn't have my medical records from the 90's but I think I have enough ammo just need advice!!!

 

 

[Buck52]

Yes take those and any records that pertain to this claim make copies  put them in an eazy to open/read folder, with a title to them to make your point to the examiner. The mix up on your foot.ankel and the dates that are wrong  ect,,ect,,

you can request that he/she reads these records because they came from your C-file &to late to submit them for this C&P but you may try to upload them in myhealthyvet ...do it tonight if you can but the examiner probably already has what the VA sent them...So do take copies you you will have them the examiner should read them...ay my QTC I showed the examiner some of my records and how they messed up on my DD 214

Remember evidence wins and your able to back up what you say.

Study and go over all the records pretty good and take what you need for the examiner to read.

I believe you will do ok.

Good Luck and let us know how it went.

btw your C-file is pretty small so makes it easy to go over.

 

.............Buck

[Buck52]

Navy4life

I am sorry I meant the DRO...just have C&Ps on my mind I guess

[Navy4life]

Buck;

I plan to take the whole day to get this in an orderly fashion for the hearing on Friday.  I am going to be at work in the conference room all day LOL.  I might even drive down to WACO tomorrow night so I don't have to get up at 6am to drive.

I am having a bit of a pain attack because this is the moment I have been waiting for and now it's here.  I am so grateful I got this C-File!

[Buck52]

Yes That is what I did  I got a Motel FAIRLY close to the RO...My Hearing was at 9:00am.

I can't remember it  or how close it was to be honest with ya...but after I left I was a happy camper   hopefully you will be too.

The DAV if you still want them will take you to this room with tables and chairs kinda looks like a normal Jury Room, most of the chairs have Microphones at them, the DRO wil come in introduce him/her self  and let you know how the Hearing will be conducted and its up to you to make it be formal or informal  I choose the informal...ITS not has bad as you may think actually I think you will be relieved especially if you get a VETERAN FRIENDLY DRO. That will ask you questions face to face and allow you to present any evidence you have with you.

but you may need to ask?

Just try to remember the DRO is there to help you with your claim what you should say is 'First''off Iwant to thank you for allowing me to have this hearing and thank you for your valuable time  ect,,ect,,  in other words kiss ass if you have too

if you get a humorous DRO I bet your going to be fine.

Just take deep breaths and go in with a ''were gonna fix this today and to my liking attitude

Always be kind and courteous  Even if you can't stand the SOB  haha

...Buck

[Navy4life]

Okay I got the hotel Buck for tomorrow night and it's right down the road from the hearing office.  I have all the paperwork I need to get in order for the hearing.  

I sure hope I prevail b/c I am so tired of disappointment with all this crap!

[Navy4life]

So I have been going at this for several hours now and I am quite infuriated with the findings I am coming across!  There is a "medical opinion" that is just absurd...In any event, I have typed up several documents to coincide with the contentions that I am trying to get S/C.  Tomorrow I will spend the time getting all the documents organized and into a folder/binder to be able to hand to the DRO review hearing officer.