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!!!

 

 

[ArNG11]

7 minutes ago, Gastone said:

The WAIT wouldn't be so bad, if you knew that there was some forward or upward movement in the pile, right.

My understanding of the BVA Appeal Advancement, nothing happens till the RO Certifys the Appeal to the BVA.

Buck: It always comes down to the Vet doing the heavy lifting. To many Vets sit back after the 1st claim is filed, thinking the VA &/or their VSO-Rep will do everything to get the claim awarded. A year or 2 down the road, after they get Denied, the light comes on for them; did for me.

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

Semper Fi

Gastone you pretty much nailed it on the head. As myself and others have said, no one is going to care more about your claim than yourself.  This system is corrupt and brutal and relying on patrons that sleep with the enemy, well, that is just not smart.

Use the VSO as tools and maybe some guidance, however, if they are the reasons for the delay, reasons for your  evidence not being filed and turned in, then who is blame.  "My claim, My responsibility..."

Before anyone gets their undergarments in a ruffle as I mean no offense, I speak from my experiences as I found mistakes and overlooked regulations, and misguidance from VSO's and well known attorneys.  I checked up on them and I got into the books myself.  I looked at my evidence, looked at the regulations, and laws and I sought after what I could prove, what I had records for, and what the law,regs, and medical evidence could be used to reenforce and justify my claims.

Buck and Gastone are absolutely correct, it is up to you to do the heavy lifting.  JMO

[Buck52]

Gastone,

Ain't that the truth. I agree veterans must stay on top of there claim or on top of their Rep (no pun intended)

I never heard a word from my DAV Rep and I've seen him time and time again at my VAMC just walking through, I thought to stop him and ask if he heard anything on my claim..but he probably would have said''NOPEnot yet  it usually takes a year for the VA to get back to me (he said that when he first filed) anyway I used ebenny's UPLOADING Evidence sent it and also snail mail return certified receipts.

I never went to my DAV I just sent all my evidence and lay statements Dr's reports stressor's ect,,ect,, to my claims Intake Center By passing theDAV

Unless the VA sent him a copy of my decision he don't even know my claim was decided.

I bet Navy4life gets a decision within a couple weeks...anyway I hope she does!

 

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

[Navy4life]

Buck;

Funny you say that about the DAV rep at the VAMC Dallas b/c the other day when I was headed to the BVA to get a copy of my C&P I saw him and thought "wow he has NEVER once called me"...The DAV rep I had at WACO was nice and at least informed on my case.  Seems he took the time to review it prior to the DRO hearing yesterday.  I have always been a firm believer that you are YOUR OWN BEST ADVOCATE AND NO ONE WILL DO YOUR CLAIM JUSTICE OTHER THAN YOU!!!!  

I also agree that too many Vet's think that they don't have to do anything and just sit back to wait to hear from the VA or the VSO or the DAV rep....

I hope you are right about my decision!  I noticed the update went to Hearing Held so that is great!  I really hope to hear something soon...I am going to take a "me day" today,  But first I have to go into the office for work!  Gotta love my job and the fact that it's tax season for our clients!

Love all the support from everyone here!!!

[Buck52]

I think Navy4 has did some mighty heavy lifting and with a injured foot.

with all her evidence she presented at her Hearing  I would think theDRO WOULD HAVE EXPEDITED  HER CLAIM THAT DAY.

It was  a NOD   that she requested the DRO Hearing...anyway thats what I did and the DROexpedite my claim that day as theydid Gastone.

I never ask them to?

could she have ask the DRO if he can make a decision today and expedite her claim?

[Navy4life]

Buck;

I asked the DRO what the next step was and he was in NO WAY prepared to do a decision that day b/c for one he wasn't the DRO that was supposed to hear my claim and he had to look over all the evidence to include my current N&M evidence.  I think he was VERY satisfied with the IME's I submitted.  Even his discussions indicated that I should have been rated a MINIMUM of 0% for the fractures.  He said that was overlooked and the fact that the medical opinion provided in 2014 contradicted all the evidence to support a favorable decision puzzled him.  

You should have seen me roll up in there LOL...I should have taken a picture of me on the knee scooter, left ankle in a brace, computer bag hanging on the front of the scooter and a drink to boot in the pocket of my bag LMAO!!!

[Buck52]

Yes I understand.

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

but he was in-charge as being a DRO even if he had to read a lot ....that's what there pick to do is review our claims and try to settle it then and there.(30 minutes is not that long).

but I understand in some cases it does take them longer to decide   that's what would scare me, especially if he dives way back and finds something  that he might read the wrong way and your not there to tell him different  and he rates accordingly.

but not in your case I think you have enough evidence for them to over turn the ruling in your favor

 DRO's have the authority to approve claims and get with the rater to adjuicate the claim on the spot.

so now your in wait city, but maybe it won't take him 60 days to decide  hopefully he decided it that day and then getting the paper work all wrote up and certified or what ever they do to make it official  maybe you will hear from the DAV Soon.

This is good thing that we can physically show them our disabilities.

I hope and pray you get the decision you wanted or better.

 

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