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]

59 minutes ago, flores97 said:

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)

Thank you!!!!

[Corpsman8404]

Awesome, Navy!  This looks VERY good!  Fingers crossed for you! 

[Navy4life]

Ebennies shows my hearing was HELD!  That is great!  Now come on with the decision LOL.... I know I know gotta wait...LOL

[Gastone]

NOD, "Not True", is way to harsh, how about "Your in error?"  If I had sensitive feelings, you might of hurt them, KOFDI.

My one and only experience with the Informal DRO Hearing, everything for the most part was awarded, so really no reason to mention the 60 Day window. I think I mentioned in a prior past the fact that my friend & his lawyer waived the 60 day by filing filing the VCAA notice at the end of the  Official Recorded & Transcribed Hearing 09/15. As of 2/24, he has received no information from the VA.

I really don't recall very much, if any, discussion from other Vets regarding their experience & results with the "Informal DRO Hearing;" process. One would think any Vet or his representative that thought the Informal Hearing was going south, would immediately request to go back on the record. At the end of which, he would definitely be advised regarding the 60 day Evidence window.

My DRO must have missed covering the 60 day window, there were 2 issues that I decided not to continue appealing.

NOD,after our discussion, Vets should have a better understanding of Formal & Informal DRO Hearings and the 60 Day N & M Evidence window and the use of the VCAA notice.

Semper Fi

[ArNG11]

2 hours ago, Navy4life said:

Ebennies shows my hearing was HELD!  That is great!  Now come on with the decision LOL.... I know I know gotta wait...LOL

Yeah unfortunately that's the drawback, however from what you wrote it sounds great. Way to go hang in there and get r done. 

[Gastone]

ArNG, did you have a DRO Review or Hearing?

A friend requested a DRO Hearing thru his DAV-Rep back in 12. Only VA notification he ever received was an Administrative Denial and SSOC 09/14, of his DRO "REVIEW;" remember he requested or thought he requested a "Hearing" through his DAV-Rep.

He never forwarded his required N & M Evidence to the RO, thought it would be better to present it at the actual DRO Hearing, BAD IDEA. Next stop, BVA, as of last week he still hasn't received a Docket Number.

Semper Fi