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AFMedic09

NOD granted, Timeline, Need Advice

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Dont take any action based on ebenefits.  Once you get the official envelope, THEN decide what to do.  Likely, you will appeal any denials, and may also appeal the effective date, and perhaps the disability percentage.  

The official envelope will give a reasons and bases for denial.  You need this to file a NOD, hopefully, refuting their reasons.  

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8 hours ago, AFMedic09 said:

You are right. They rated me for bladder injury, which should be rated under voiding dysfunction. In ebenefits it lists interstitial cystitis status post TVT for urinary incontinence. Voiding dysfunction doesn't have a rating schedule for 30%? Not sure why this was even applied? Waiting on my envelope so I can start filing the Form 9. Love your quote, BTW. 😉 Thank you!

Yea, there appears to be an error on how bladder injury was rated. If I'm not mistaken, the ratings scheduler should have rated the higher of the two; being voiding dysfunction. 

 

HOW DOES VA DECIDE WHICH DIAGNOSTIC CODE THE SYMPTOM SHOULD BE CONSIDERED UNDER?

By law, VA must choose whichever condition would most benefit the veteran. In other words, they must assign the symptom of concern to whichever condition will get the veteran the highest overall combined rating.

So....the DRO did not follow the law on the issue of bladder injury. Boom!

On the issue of GERD, under Code 7346 hiatal hernia, I still think your symptoms are rateable, at the very least, 30%.

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