Howdy all. I recently received a decision letter on some of my claims. Some were positive, some negative, and some in between. After reviewing the decisions I have decided I am going to file a NOD on the decisions. SO as a courtesy I emailed my VSO to keep her informed on my intentions and provide my rough draft disagreement statements and reasoning. She immediately sent it to their legal staff. The legal staff came back with every reason why I should not submit a NOD. Their response is below.
"If you are going to NOD and apply for an increase, you need to be aware of the risk that you could be reduced for the knee and/or not increased above 10% again if they do conduct another exam. Given that you just had an exam, I am not sure they would request another exam so soon after. Do you have a private doctor that you would be willing to go to to get a second opinion? Either way, applying for an increase will likely result in another exam down the road. But you should know of the risks associated with it as we are seeing many veterans applying for increase in turn being proposed to be reduced.
As for the inadequacy of the exam, we can certainly make that argument, but you will need to go into greater detail as to what she did in the exam that rendered it inadequate. I see the statute you have cited, which is fine, but we need more details of your specific exam.
As for your disagreement with OSA.. Your logic that the VA had a duty to assist that extended to the Rater who should have known the link between GERD and OSA does not supersede the requirement for that evidence to be submitted specific to your case and your issues. BVA decisions are not precedential, and every veteran still needs to make an argument based on their medical and military history."
Now whether they are really concerned for me or just trying to dissuade me from filing a NOD, a Vet who is not a little versed in the VA Claim game would be discouraged and probably just accept the decision and not file a NOD. I know that is what i did in 2001 and then again in 2008. I won't do that now.
ASKNOD just reminded me recently that the VSOs are actually chartered to assist the VA in adjudicating our claims. That means they work for the VA and not us. So as the old saying goes "Buyer beware".
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Galen Rogers
Howdy all. I recently received a decision letter on some of my claims. Some were positive, some negative, and some in between. After reviewing the decisions I have decided I am going to file a NOD on the decisions. SO as a courtesy I emailed my VSO to keep her informed on my intentions and provide my rough draft disagreement statements and reasoning. She immediately sent it to their legal staff. The legal staff came back with every reason why I should not submit a NOD. Their response is below.
"If you are going to NOD and apply for an increase, you need to be aware of the risk that you could be reduced for the knee and/or not increased above 10% again if they do conduct another exam. Given that you just had an exam, I am not sure they would request another exam so soon after. Do you have a private doctor that you would be willing to go to to get a second opinion? Either way, applying for an increase will likely result in another exam down the road. But you should know of the risks associated with it as we are seeing many veterans applying for increase in turn being proposed to be reduced.
As for the inadequacy of the exam, we can certainly make that argument, but you will need to go into greater detail as to what she did in the exam that rendered it inadequate. I see the statute you have cited, which is fine, but we need more details of your specific exam.
As for your disagreement with OSA.. Your logic that the VA had a duty to assist that extended to the Rater who should have known the link between GERD and OSA does not supersede the requirement for that evidence to be submitted specific to your case and your issues. BVA decisions are not precedential, and every veteran still needs to make an argument based on their medical and military history."
Now whether they are really concerned for me or just trying to dissuade me from filing a NOD, a Vet who is not a little versed in the VA Claim game would be discouraged and probably just accept the decision and not file a NOD. I know that is what i did in 2001 and then again in 2008. I won't do that now.
ASKNOD just reminded me recently that the VSOs are actually chartered to assist the VA in adjudicating our claims. That means they work for the VA and not us. So as the old saying goes "Buyer beware".
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Galen Rogers
Howdy all. I recently received a decision letter on some of my claims. Some were positive, some negative, and some in between. After reviewing the decisions I have decided I am going to file a NOD on
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