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!!!

 

 

[Navy4life]

2 hours ago, Vinsky54 said:

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?

Did you not ask for the DRO review hearing in your NOD?

I got lucky somehow and got my hearing tomorrow and I filed my NOD in November 2014 but I was still under Virginia RO at the time even though I was here in Texas.  When I inquired about my NOD last month with the VA and the Office of the under secretary, I got a call within days from the VA.  They said they were going to "expedite" my and I come to find out after talking to the WACO DAV that I got lucky b/c all NOD hearings are at least 24 months waiting.

I would highly recommend you have a hearing and be heard vs. relying on someone to make a favorable decision for you!

[Navy4life]

Okay I am here!  I recommend this hotel Marriott/Residence Inn which is on clay street.  So I am literally 2 blocks away! Time to unwind....dinner and shower and then some tv...

Please keep me in your thoughts and prayers for tomorrow :)

[green]

will do N4L, I'm expecting positive results for you

[Mike_S]

I'm learning from this and see my future.

I think you are prepared and have the evidence that points to the mistakes. Say only what you must to point out the errors. If they ask questions just answer as briefly as you can because the enemy looks for any opening.

I think you are ready. We are all behind you.

 

 

[Navy4life]

Good morning my fellow Veterans...The time has arrived!  I am heading over the DRO hearing in a few minutes....

Here goes nothing....

[rwskitch]

...Keep the Faith, Sister...!