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]

Navy4life, I would wish you luck but I doubt you will need luck.  You are well prepared and have the evidence to back up your claim.  Slow is smooth, smooth is fast. Go get them. You will do GREAT!!!

[SergeantQ]

Navy4life, good luck! Adding to all the advice listed, the best thing you can do is keep it short but concise. For example, a bulleted timeline of events with dates. Leave nothing to chance. But make sure it's clear and concise with factual statements. For example:

• 2001 - Fractured left knee in boot camp - surgery - physical therapy.
• 2005 - Reinjured left knee - back to physical therapy.

You do this, keep a short timeline of events that you can refer to quickly - then you won't have a problem getting your evidence seen or heard. This is for you mostly to ensure you don't forget anything at your hearing but certainly you can share with your VSO or your representation.

Anyway - good luck! I'm sure you will be fine. Please let us know the outcome.

SergeantQ 

 

Edited February 25, 2016 by SergeantQ

[Navy4life]

After the advice I received on here as well as talking to my  DAV rep I have opt'd for the informal hearing.

I am going to be heading out this afternoon to drive down to WACO and stay the night.  I am taking Berta's advice and having a nice dinner tonight "pre" DRO hearing and trying to relax as best as I can.

I will let everyone know how it goes!

[Gastone]

To Whom It may Concern. With the "Informal Hearing," There is no Recording of the Hearing, thus No Transcription is made or available.

I knew right away what the DRO's Decision was, only question was how far back the Retro would go. He determined that by 3:00 the same day. If you do the Formal Hearing, the DRO may ask a couple questions, maybe not. You and your Rep or Attorney simply present your case to the best of your abilities and walk off into the Sun Set, a DRO Decision will happen and be made available to you and your Rep some 6+ months or MORE down the road.

Note however, with the Formal Hearing, the DRO will advise you regarding the submission of any other N & M Evidence having to be turned in within 60 days of your Hearing. The actual Review and Decision phase won't begin till the 60 day Evidence window closes.

Semper Fi

[Buck52]

They may have change the process/procedure somewhat ? 

when I had my  DRO hearing back 2002 I choose informal hearing and the DRO and I talk back and forth ,I presented new evidence &  my claim was expedited & also  and a thumbs up from the DRO letting me know he was expediting my claim for TDIU with P&T NO Future exams...I received a transcript of the entire Hearing word for word in about 4 weeks with my official award letter. 

in my opinion a veteran should receive a Hearing transcript  from his/her Hearing  for his /her records.

 

........Buck

[Vinsky54]

Wow. So much information and so little time (maybe). Why did I not find this place a year ago?

It seems many have had good success with the informal hearing process. As my NOD has now been sitting in Waco for 10 months, would I be starting the wait all over if I request the hearing?

I think the file I have built and submitted for the NOD is pretty comprehensive and irrefutable, but I would rather see and hear what the VA has actually put in the record vs. what I have sent.

What do y'all think? Stick with the DRO review on paper, or ask for a hearing?