NOD Writing question

[Mikey5311]

This is a "research administration" question and how to include it in my NOD.

I'm completing my NOD, I have physician reports, etc. I will also rely on articles published in medical journals.

When I quote from the journal, I will always state the reference, (of course). But do I need to attach the entire paper in my attachments?

Sounds silly? But my concern is that if I attach only the pertinent page, the evidence will be "disqualified" as being incomplete. The NOD will be about 3 pages, but with "complete" articles about 40 pages.

 

[Buck52]

 Not know why you were denied? so   this is just my personal opinion on this issue.

I would stay with my medical reports and hi-lite  parts you want them to be sure to read..its ok to give your lay opinion but that don't have much clout  ,it depends a lot on what type rater you get in my opinion.

Having articles from medical journals do not carrying any weight  its what they call speculation.

So please remember  the Dr's reports are your best evidence. and recite favorable CFR's  back into your lay reports.  this is to back up what you are trying to prove on your part.  they can't dispute the CFR's  Unless you make a mistake with the wrong CFR?

also its best to keep it short and to the point   having tons of paper for the rater to read is not  good...some may read all of it but most don't.

 others my chime in ...> this is just my opinion.

Edited December 15, 2017 by Buck52

[broncovet]

Cite YOUR medical evidence, but not "general" medical evidence reports.  The New England Journal of medicine report saying that 59 percent of PTSD patients got sleep apnea does not help YOU prove YOUR sleep apnea, for example.  Your doctor needs to opine that YOUR sleep apnea was "at least as likely as not" due to YOUR PTSD, and HE can cite the NEW England Journal for HIS opinion.  

The only opinion which matters is YOUR doctor.  Neither your opinion, nor the New England Journal, nor your VSO's, nor Donald Trump's opinion's matter.  

Use the VARO decision "reasons and bases" for your NOD.  Refute their reasons with YOUR medical evidence, and maybe regulations, or precedential case law.    Example:

"While the VARO decision dated 11-17 2017 stated, "there was no evidence in the file to support service connection", the Veteran had a medical exam dated 10-19-08 which stated, "the Veteran's sleep apnea is at least as likely as not due to PTSD".  

Lay evidence is only relevant when you are supporting Caluza Triangle step 2 (in service event).  Lay evidence wont diagnose your condition (Caluza step 1), nor will it provide a Nexus (Caluza step 3).  

[Gastone]

How about posting a redacted copy of your Denial Letter, it would help us to understand what your up against, evidence wise?

Barring that, what's the Date of your Denial Letter and have you decided on a DRO Review, DRO Hearing, or a direct trip to the BVA (3 or 4+ yrs down the road)?

There has to be another Vet that had your same DX and SC Denial somewhere in the past. Check BVA Decisions similar to your Appeal on the BVA Decisions search site for 2015, 16 and 17.

[Buck52]

 Actually we need more information 

 I am not sure what his NOD is from? so based on S.C. PTSD This is just  my opinion.

If this is a secondary condition to PTSD /& OR Medications taken for PTSD and of course has a VA PTSD S.C. Dx

Then that puts a whole new twist on his claim

but as broncovet mention He will still need Dr's reports from OSA specialist in his favor to say ''its least likely as not'' that his PTSD Medications are due to or related to his VA S.C. PTSD & MEDICATIONS

But since he has a VA SC PTSD Diagnoses   it will make it some what easier for his claim. but dealing with the VA about anything is never easy.

Obesity will not fly for Sleep Apnea claim  unless he uses the eating disorder in his claim for OSA. or even if he has a VA Prescribe C-PAP Machine  does not warrant a S.C. OR Rating

Dr will need to give his opinion that it medically necessary for the C-PAP.

jmo

Edited December 15, 2017 by Buck52