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NOD/TBI Advice - Statements from Former Supervisors


rootbeer22

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Vets:

Well, I'm running out of time to finish my NOD, was unable to get the IMO/IME's from Dr. Ellis. after arguing with my wife (who is already spending my retro) about the money to go which is short-sighted, I ran out of time and my C-File never showed up? The good news is that my earlier exhaustive efforts got me to 90% but the push to 100% has been difficult -at best. Now, I'm going to have to take what I already have SC for and work to get a change or increase to 20% more. Several of my contentions are at the 0% and 10% SC range and there may be room to move up to the next level on several. So, now, I need to pull everything out again to review what it takes to get to some of these or at least 2 contentions  moved up to the next level. The good news is that although I don't have IMOs/IMEs, I do have some new evidence that would help me. Unfortunately,  I have a lot of contentions that were low-balled and think, I can support an increase with new evidence.  At this point, I was lowballed on my TBI at 10% because the TBI examiner said that there was not enough evidence beyond my own descriptions or indications that my work has suffered due to my TBI?  So, I was thinking that I would go back and get statements from my former and current supervisor about my work memory and concentration issues that they have noted? I had several incidents at work over the years where it was difficult for me to complete projects on time due to my cognitive and memory issues. Also, although I was SC for Hypertensive Heart Disease, again they only gave me 10% because they said that I did not have chest pain, angina, and shortness of breath. Although, I reported this all during my CP exam, the clerk put just the opposite in the report anyway, even though I wrote those conditions plainly on the pre-exam form, it was not entered into the system...properly...

 

So in terms of overall advice ...should I just ask for a DRO review or just submit a NOD package...?

Godspeed ..Rootbeer22

 

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Rootbeer22, I would still ask for the DRO review when you submit your NOD, be sure to ask for the hearing.  I am sorry you werent able to make it to see Dr Ellis, but there are IMO providers available where you do not have to travel, of course if your new and material evidence is compelling enough, you might not need the IMO anyway. I believe you stated before that you had new DBQs completed by specialists? If so, the DBQs should carry the claim, if properly completed. I would submit the NOD with your n&m evidence(dbq's, statements from former supervisors), and request DRO hearing. I wish you the best of luck, Rootbeer22!

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