Soldier81

There's a reason I left out my STR infirmation other than the fact that I don't have them in front of me during my post. I will not give information that can be taken and be used to make false reports by a current service man trying to weasel. Not that anyone would ever do that (sigh). Hopefully no one I've come into contact ever would do that.

Urreeekkkaa! Just got off the phone with VA the lady said RO approved my 50% rating. My family's time has come. Thanks to all of you for your encouragement to stay patient.

I don't think the VA wants me to connect the dots because after the remand they asked nothing from me. I think that they are giving the examiner a chance to redeem herself. I weighed 207 during the sleep study. I am 6 ft 3 inches tall. That's 8 pds overweight to the strictest of scales. I am no expert but I doubt all 8 pds went to my neck and caused sleep apnea. If anything else I may link this with Gulf war illness due to the fact that I also have chronic diahrea acid reflux I've crapped blood once but since it only happened once I pass it off as hemroids. I just don't think they can use weight against me on this one. I will not submit any supporting evidence to slow down what is already taken so long unless it is requested. Thanks for you guys support and suggestions.

Thanks you guys rock! Thanks you guys rock!

It says I was a seaman. I was a U.S. Soldier in the Army. It won't let me put up a pic.

Thank you guys very much for the encouragement hopefully in less then a month I'll have some news. At this point my patience just wants an answer according to law not some C&P examiners opinion on who should get what and at what percent. They play as if they are above the law and that should be straightened out.

USMC, I had little knowledge of SA during service all I knew about were my symptoms. My statements should be more than enough for them to play connect the dots. I had my sleep study done after service. Your brother in arms, Soldier81

I know exactly how it is with C&P examiners. I had one that falsified a government statements in my book. She denied there being any sleep disturbance or reports of snoring in my SRTs. They are clearly falsified or the examiner doesn't know her job. Either way she should be shitcanned. She tried to make it sound like my sleep apnea was due to weight gain but evidence of me weighing 1pd lighter than her complaint of my weight gain from 208-242 pds. BVA remanded my appeal with specific instructions to address these issues.

My appeal for sleep apnea has a five year old effective date in April. I originally filed for the claim in April 2010. I had a C&P examiner that either doesn't do her job at reading STRs or just had something against my claim which is be. The examiner should do what the law says and her job entails. She stated that there was no mention of my sleep disturbances and excessive snoring or waking up at night having to readjust in order to breath. However after the denial I sent evidence of just that to the BVA. They decided to remand it back to the RO with these instructions If the September 2010 examiner is available request that the VA examiner offer an addendum opinion regarding the Veterans sleep apnea. If the 2010 examiner is not available schedule the veteran for another examination. The entire claims file must be reviewed by the examiner in conjunction with the opinion. The examiner should confirm in the examination report that she she has reviewed the folder in conjunction with the examination. Therefore the examiner should opine as to whether it is at least as likely as not (50 percent chance or higher) that the Veterans sleep apnae had its onset during, or is due to service. The opinion should specifically address the veterans March 2009 diagnosis of sleep apnea which occurred prior to his weight gain from 207 to 242 pounds. The opinion should also address the reported instances of snoring and difficulty sleeping contained within the Veterans STRs. Then readjudicate the issue on appeal. If any of the benefits sought on appeal remain denied furnish the Veteran and his representative with a supplemental statement of the case and afford them the opportunity to respond before the file is returned to the board for further consideration. Another thing wrong with the C&P examiners opinion was that she tried to make it look like weight gain was at fault for my sleep apnea stating I gained 35 pds from 2008 to 2010 but I weighed 207 pds during my sleep study in 2009. I stand 6 ft 3 inches tall 207 pds is not fat by any means. The remand is in the decision approval status anyone know how long it generally takes to finish up. Straight forward non jealous feed back is much appreciated. If you come off like a jealous jellyfish green with envy then I will just blow you off.

How do I open my own thread on here.