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Nod Denied

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huskerfanfl

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I finally received the decision on the Notice of Disagreement that I filed last March. I had appealed for my back, blurred vision in my left eye, and hypertension. All three were denied. The logic that they used in the explanation was solid, and I have to say that I agree with the decision. I had hoped that one of them would get approved, but it was not to be. I could appeal, but like I said, I agreed with their assessment. When I filed the NOD, I was not real sure about the rating criteria, but have learned so much since I joined this site that I figured out that the initial rating was correct and was tempted to ask the NOD be dropped but figured I might get lucky.

I have since sent in new claims for depression/anxiety and sleep apnea with use of CPAP. I also asked for increased compensation for my back (currently 10%) right knee (currently 10%) left knee (currently 0%) and right ankle (currently 0%). All have gotten worse in the 2 years since the initial rating.

The depression was diagnosed in August and was connected to my service disabilites by a VA psychiatrist. The sleep apnea may be harder to prove but I am going to get a letter from my pulmonologist saying that I had it in service based on the symtoms I had then (allergys, night sweats, lack of sleep, frequent nighttime urination).

Tim

Vet and proud of it

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  • HadIt.com Elder

I filed a claim a few years back for TMJ based on the exam I had in service. The dentist had said to me that there was no treatment for the condition. I took his word at the time but we both agreed I had TMJ. I lost the claim because he did not put the diagnosis in writing. I realized too late that I was screwed because my records were "silent" on the condition. The dentist had just said "consultation" in the box where diagnosis should have been so I knew he screwed me. He knew what he was doing but I did not know what I was doing. Some claims you just can't win. If there is no record of the diagnosis or treatment it is hard to win a claim.

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It is also important to note that even having it in your medical records is by itself not enough. Their must be some form of disability or affect on your life in order to receive compensation.

Tim

Vet and proud of it

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