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!!!

 

 

[green]

2 minutes ago, Buck52 said:

rolling in with your scooter drink on one side and your computer bag on the other  haha  good one Navy4

Heck, she wasn't rolling in, she was driving that thing around like a go-cart as it has a 6 HP Briggs and Stratton engine.

[Navy4life]

Buck thanks!  I really appreciate it!  I think the 30-45 minutes I was in there was enough.  We went through the bullets I had for him and the binder was helpful for him and I think I got my message across...at least I think I did LOL...

Yes me on that knee scooter is funny...I am counting down the days to getting off NWB status!!! Come on 3/8/16

BTW are you at the VA at all this week?  I am there Monday and Tuesday and then again on the 8th....

[Navy4life]

21 minutes ago, green said:

Heck, she wasn't rolling in, she was driving that thing around like a go-cart as it has a 6 HP Briggs and Stratton engine.

LOL

[awgv001]

7 hours ago, Gastone said:

My claim, My responsibility - Your claim, your responsibility.

Semper Fi

...and those that are mentallyphysically incapable because of the extent of their TBI or PTSD and other conditions are just left in the dust? Come on now....

I'm not firing shots, I'm just saying, every Vet deserves the fullest extent of our help...

LEAVE NO ONE BEHIND!

:-)

[Navy4life]

6 minutes ago, awgv001 said:

...and those that are mentallyphysically incapable because of the extent of their TBI or PTSD and other conditions are just left in the dust? Come on now....

I'm not firing shots, I'm just saying, every Vet deserves the fullest extent of our help...

LEAVE NO ONE BEHIND!

:-)

I think you are taking Gastone's comment out of context....He simply means we all need to fight our fights and sure there are some that can't fight the fight and need help. He didn't mean that they should be left behind...

[FormerMember]

21 hours ago, Gastone said:

NOD, "Not True", is way to harsh, how about "Your in error?"  If I had sensitive feelings, you might of hurt them, KOFDI.

My one and only experience with the Informal DRO Hearing, everything for the most part was awarded, so really no reason to mention the 60 Day window. I think I mentioned in a prior past the fact that my friend & his lawyer waived the 60 day by filing filing the VCAA notice at the end of the  Official Recorded & Transcribed Hearing 09/15. As of 2/24, he has received no information from the VA.

I really don't recall very much, if any, discussion from other Vets regarding their experience & results with the "Informal DRO Hearing;" process. One would think any Vet or his representative that thought the Informal Hearing was going south, would immediately request to go back on the record. At the end of which, he would definitely be advised regarding the 60 day Evidence window.

My DRO must have missed covering the 60 day window, there were 2 issues that I decided not to continue appealing.

NOD,after our discussion, Vets should have a better understanding of Formal & Informal DRO Hearings and the 60 Day N & M Evidence window and the use of the VCAA notice.

Semper Fi

No offense intended, Gastone. My comment is to be taken as a teaching moment- not a personal insult. Teaching VA law or offering advice is a double-edged sword. If it's correct, it can be constructive for the Veteran concerned. If the advice is incorrect, it can be harmful. The last thing we want to do is to make another Veteran wait an additional 60 days before a Post-Decisional Review Process begins. 

Learning VA law is time-consuming and tedious. Before I ever push [Submit Reply] here, I check back on the relevant regulation(s) that control it. I haven't stepped on my necktie yet and certainly hope I never do. It's a sacred trust to help another here as you know. I think the very least we can do is to insure our information is correct and up to date. It seems to me "you're in error" is every bit as in-your-face as 'Not true' is. I guess there is no polite way to say it.