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

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Navy4life

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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!!!

IMG_1983.thumb.JPG.5a46ba29abe9ab375b0c7

 

 

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NOD, you know I was just jerking your chain. I can't remember the last time I read 1 of your postings, that I didn't come away with more VA Claims knowledge than I started with.

SOOO, Not True, Your in Error or You Speak with Fork Tongue; are all good by me. The clarification discussions are informative for all of us.

On the other hand, a few of our fellow posters, may be way more sensitive than me, if they can't take a joke or a little well meant criticism; maybe they should read something else.

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4 minutes ago, Gastone said:

On the other hand, a few of our fellow posters, may be way more sensitive than me, if they can't take a joke or a little well meant criticism; maybe they should read something else.

Amen!!!!  You are a good guy Gastone....

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AWG, oh contrar! Nav4life got it.

No one is ever going to be as concerned about your claim, as you, you own the claim. VSO-Reps mean well and serve a great purpose but are not as vested in the outcome of your claim, as you are. Trust but verify everything anyone does on your behalf.

We were all FNGs with our 1st claim, even The NOD, was a VA Claims Boot in the beginning. He got his Claims education primarily from his own claims and appeals. 20+ yrs of VA Claims and Appeals experience can't be obtained by just reading books.

Vets with severe MH or other Disabilities face a greater challenge than the average Vet, goes without saying. They certainly can't have a VSO-Rep that is a half-stepper, handling their claim or appeal.

If the severely disabled Vet or his caretaker stumbles upon Hadit, just reading the posts should give them the means to be sure their claim is being handled properly and if not, how to correct the problem.

Semper Fi

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Navy4Life,

Do you have flames painted down the side of your scooter, and a gaping shark mouth on the front?  Only then would it be a true representation of the real you!!!  :cool:

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1 hour ago, Andyman73 said:

Navy4Life,

Do you have flames painted down the side of your scooter, and a gaping shark mouth on the front?  Only then would it be a true representation of the real you!!!  :cool:

I so need a selfie of me on it. I have to fly tomorrow again. Airport security is so not fun!  But I understand their job is to protect us. 

I'm hoping 3/8/16 I get off of it!!!!

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