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NOD Advice - All Evidence Up front?

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rootbeer22

Question

Vets:

 

When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing?

 

Rootbeer22

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  • HadIt.com Elder

I Believe that some VSO's have cost some veterans boo-coos$$ By not taking action and just sitting on their claims  eh!

Last time I went to the DAV they were sitting at their desk playing checkers.:sad:

I still have them as my POA but I work my claim myself..they probably don't have no clue I already won my claim...and with some help from hadit members.

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  • Content Curator/HadIt.com Elder
2 hours ago, Buck52 said:

I Believe that some VSO's have cost some veterans boo-coos$$ By not taking action and just sitting on their claims  eh!

Last time I went to the DAV they were sitting at their desk playing checkers.:sad:

I still have them as my POA but I work my claim myself..they probably don't have no clue I already won my claim...and with some help from hadit members.

Wow, and I thought my last DAV meeting was bad...

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  • HadIt.com Elder

It's a Crying shame  some of the DAV SO are like this   especially when the veteran don't know any better and places his trust/life in there hands for help.

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Vets:

T o update you, I filed my NOD this week with new evidence but frankly without looking at the CP exams, it's tough to determine what the CP Docs opinion or said, or even what was on the CP exam? The majority of my first claim initial contentions were service connected so I'm very happy about that but a lot of them were low-balled. That said, I was not service connected for the damage to my  eye problems - injured tear glands and ducts --which really surprised me based upon all of the evidence that was presented?  I was expecting at least 10% and maybe 20% but not service connected was wrong?  Also, I learned that the Eye Doctor that I saw had just became a contractor for VES and I was one of his very  first exams? To make a very long story short, I was involved with a Tank Main Gun explosion in 1985 (an service connected by VA) where my head and face were unprotected. Then 9 years later while I was assigned to Camp, Doha  Kuwait and playing in a military sponsored basketball game (officers versus enlisted-very physical) was injured in my right eye again. During the game, a basketball was passed to me very hard-fast and I was not even looking and it hit me in my head and right eye very hard. I was taken out of the game and escorted  to the  Camp Doha post clinic were they did a exam. Anyway, many years later  during a disability VES  C&P eye exam, the doctor looked at me and said very sternly, "I looked at your records and a basketball cannot damage an eye because of the way the ball is shaped-very soft, it's very large and round-so it's not possible that you were hurt by this impact to your eys? I guess he was trying to convince me to go along? So,  I said that that's not true because every since that injury, my right eye does not produce enough tears causing me infections and all kinds of eye problems. I also said in the past that I was prescribed Restasis (also prescribed now) for tear production which is very expensive and takes a l of work to get the insurance companies to approve it. Anyway, it looked like he had already made up his mind before he even looked at all of the evidence/ He also said, "however, if a baseball had hit you that that would be plausible? I got the since then that he was not someone that participated in a lot of sports and his specialty area was industrial type eye incidents for workers comp? I also produced studies on blast trauma to eyes but he did not seem interested at all? The is also contrary to the VA Examination Manual in which a doctor is not supposed to discuss his (biased) opinion and findings to the patient or vet? But as I said before, if I can't get my C-file and challenge the findings in the first place, it's very unfair.  Anyway, after the eye exam, I did my own research on eye injuries and discovered that there are countless eye injury studies supporting eye protection for basketball players due to all of the basketball related eye injuries like mine? Anyway, on another post I detailed my strategy to get my C-file and I am going to continue to fight this vigorously thru the appeals process. Thanks again for all of the wonderful advice on this and other issues...

Godspeed Rootbeer22

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