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]

1 hour ago, Buck52 said:

Glad you got through it  sounds promising to me, I hope you get a rating that you so deserve.

to bad a rating specialist was not at your hearing, the DRO could ask the rater to look at the % for him and usually they expedite the issue at hand.

Oh well 60 days is not to bad  and they usually decide sooner than that.

DRO Hearings seem to speed up things or at least shake the tree.

since you had a informal hearing...let us know if you get a transcript of your hearing with their decision.

Relax now :)

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

He told me that he is the one that provides the decision. That he would be reviewing the evidence making the decision...At least that is what I thought LOL

 

Edited February 26, 2016 by Navy4life

[Navy4life]

51 minutes ago, Vinsky54 said:

I am again so grateful for what I learn here. My dismay has turned to hope. Navy4life's post about "continuation of treatment" really had me worried. But it had the effect of driving me back to my AF medical records, and there it is! Something I had missed. I went to the clinic about a year and a half after my surgery complaining of the very symptoms of Dumping Syndrome. Though not diagnosed as such, it is clear as day due to the documentation of my complaint.

That was the VA's main justification for my first denial in 2003. That there was no record of the syndrome during my service. But now, I beg to differ.

Hope is back. Thanks again for the insight.

And Buck52, I meant no offense when I made that comment about "the more time I spend on this site..." I hope I cleared that up above. Y'all are very much appreciated.

That is aweomse Vinksy54!  I hope you have a favorable outcome!  I will keep everyone posted with my situation....

[FormerMember]

23 hours ago, Gastone said:

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

Not true. You are free to file a VCAA notice that you have nothing further to submit (at the hearing) and ask the DRO to proceed to a decision.

[Buck52]

Navy4

Yes the DRO can make a decision on your claim but they rely on rating specialist to come up with the correct rating%

[Navy4life]

7 minutes ago, Buck52 said:

Navy4

Yes the DRO can make a decision on your claim but they rely on rating specialist to come up with the correct rating%

Got it!  thanks Buck!!!

[flores97]

Navy4life, sorry for the late response, but I am so glad that your hearing went well!! I hope you get the highest ratings possible in the shortest time frame possible. Congrats, you did great, now your just waiting on the BBE! (Big brown envelope)