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!!!

 

 

[Buck52]

Navy4life

Your going to do ok at your hearing  I have good vibes about this...your going to be singing all the way back to Dallas.

Keeping my fingers cross for ya.

 

........Buck

[Vinsky54]

My prayers are with you. And I am a firm believer in the power of prayer. As the Bible says:

"What, then, shall we say in response to these things? If God is for us, who can be against us?"

We have right on our side. You shall prevail.

 

[Navy4life]

UPDATE! - I just spoke with my DAV rep and he and I went through my binders as if he was the DRO review hearing officer and he said that my IME's should do the trick.  We will see....I am waiting now for the hearing.  I am the only one scheduled today for the DAV office so I hope to be rather sooner than later.

He told me the three elements:

1. In service injury

2. continuation of treatment

3. Nexus

I believe I have all three!

He told me to expect about a 30-45 day for decision after the hearing!

Oh and my FDC that is in PFD is waiting to rate based on the appeals outcome!

Fingers crossed!

Edited February 26, 2016 by Navy4life

[Gastone]

Buck: Things must have changed. DRO specifically told me that with my decision to go "Informal" he was turning the recording off, no recording or transcription would be available. However, he also stated before he turned the recorder off, that at any time I felt that I wanted to go back "On The Record," all I had to do, was say so. He would start Recording again and a Transcript of that portion of the hearing would be available.

As it stands today, I received the DRO Decision 06/29/14 (VSO Emailed it to me same day), the VA Award Letter end of 07/14. May be a Transcription available for the initial intro and discussion with the DRO, nothing mentioned by the DRO or the VA Award Letter. I really didn't have reason to even ask about it, everything including IU T&P No Future Exams, was awarded.

Vets that are unsure of themselves or their representation, should definitely stick with the Formal Recorded & Transcribed Hearing. If you opt for the Informal and things seem to be going SOUTH, immediately request to go back, On The Record.

Semper Fi

[Buck52]

Gastone

I would bet that if you request your hearing transcript form that date, they will send it to you.

even you were told the recoding was turn off they also have a court  reporter  sitting in a near by room with headphones, I don't remember seeing one at my hearing and my DRO mention the recordings were turn off   ...so they must be  difference in voice recording and a transcript person

[Vinsky54]

59 minutes ago, Navy4life said:

He told me the three elements:

1. In service injury

2. continuation of treatment

3. Nexus

The more time I spend on this website, the more I fear my claim will likely never get a positive result.

As far as continuation of treatment goes, I am going to have pretty much zero. Short of surgery to reverse what the AF did to my stomach, there is no treatment for Dumping Syndrome. That is what prompted me to file the claim in the first place; facing surgery I did not feel I should have to pay for (in 2003, 15+ years after the surgery and 13+ years after my discharge). I have asked many doctors over the years and been told the same thing - the only "treatment" is eat six to eight small meals a day. Therefore, there is no record of "continuation of treatment."  1 and 3 are a slam dunk. The surgery was done while I was on active duty at the USAF hospital in Incirlik, Turkey to keep me from bleeding to death (though they almost blew that too). The "bonus" surgery they chose to do while they were stopping the bleeding in my stomach is the direct and only cause of Dumping Syndrome. I have no idea what to do. Any suggestions?