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sphynix06

Seaman
  • Posts

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About sphynix06

  • Birthday June 20

Profile Information

  • Military Rank
    E-4
  • Location
    Dallas, TX

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USN
  • Hobby
    Oil Painting, Swimming, Cycling, Taveling, Sci-fi

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sphynix06's Achievements

  1. I received a letter like this 2 weeks ago. Mine stated that I was being sent for an exam next week for migraines. Note this is the third exam I have had after 3 denials. My initial claim and exam was for migraines 2/2 PTSD and/or head trauma. But this time I am being sent to a QTC examiner where they would determine to what extend my migraines are due to my service connected OSA because the HLR examiner noted that my 2017 VA medical records show complaints of headaches when waking up due to excessive snoring. So, I am guessing that I should focus more on the migraines 2/2 OSA relationship since the letter seems to be pointing me in that direction.
  2. Hi, I am curious about the property tax exemption for 100% disabled Vets in GA. The statute reads in part, "Disabled Georgia vets with qualifying disabilities (100% VA ratings, loss or loss of use of hands, feet, eyesight, etc) may receive a property tax exemption up to $60,000 for a primary residence." Does this mean that the assessed property value is limited to $60k or does it mean that the amount of property taxes limited to $60k? I don't see why it would be based on the amount of taxes since the assessed value would need to be in the tens of millions to generate $60k in taxes. On the other hand, if it means that the property value is limited to $60k then the exemption would be only a few hundred dollars. For example, if I purchase a property assessed at $300k does it mean that my exemption is based on an assessed value of $240k? Thanks for any clarification.
  3. I filed form VA-20-0996 for a Higher Level Review on August 8, 2019. It was entered on VA.gov two weeks later saying: A senior reviewer is taking a new look at your case By requesting a Higher-Level Review, you asked for a senior reviewer at the Veterans Benefits Administration to look at your case and determine whether they can change the decision based on a difference of opinion or because VA made an error. Note: Please don’t submit additional evidence. The reviewer will only consider evidence that VA already has. What happens next The senior reviewer will make a new decision The Veterans Benefits Administration will send you a new decision in the mail. Your review may take longer if VA needs to obtain records or schedule a new exam to correct an error. 4–5 months VA’s goal for completing Higher-Level Reviews is 125 days. I am coming up to the halfway point now. The site does not give an estimated date like regular claims.
  4. I am in the middle of a battle with the VA over a 50% rating for OSA with CPAP. My current ratings are: 100% PTSD 30% Asthma with OSA 10% Tinnitus 0% Hearing Loss 0% Left Foot 10% Scar I initially applied for Asthma and OSA in August of 2016. I was awarded 30% for Asthma in February 2017, but was denied OSA. I asked for reconsideration and was sent to another sleep study. I was eventually granted service connection based on OSA aggravated by Asthma in June 2017, but was not bumped up to the higher rating of 50%. The VA "award" letter stated that I couldn't be separately rated for Asthma and OSA and that the baseline is always deducted before a percentage is determined. It wasn't clear in the letter how they determined a baseline of 50% because there was no medical evidence of pre-service OSA. The C&P examiner even stated that my baseline was zero. This tells me that there should be no deduction due to natural progression and that the predominate condition is OSA. While I understand that I can't receive separate ratings for the two respiratory conditions, I thought that I was to be awarded the percentage of the predominant condition which in this case is OSA with CPAP at 50%. I seems like the VA is trying to avoid giving me the 50% for OSA because doing so would allow my other conditions that are separate from my PTSD to add up to the required 60% for SMC-S (statutory housebond). Has anyone experienced this situation before? How did you proceed? Thanks for your insight.
  5. I am in a similar situation. I have service connected asthma and was denied secondary connection for OSA. I few week ago I called the C&P examiner directly and asked him if he would reconsider his opinion because his report stated that asthma and sleep apnea are in no way related. I shared with him several articles which stated otherwise and also shared several BVA cases which granted sleep apnea as secondary to asthma (both directly and from aggravation). He told me that no one in the fort worth office has ever granted service connection for sleep apnea as secondary to asthma, but that I should refile and request service connection for asthma aggravating the sleep apnea. He stated that he would think about amending his notes to opine that my sleep apnea is at least as likely as not aggravated by my service connected asthma. Well, today I looked at my notes on myHeathevet and noticed he amended the OSA DBQ to reflect the following: 02/18/2017 ADDENDUM STATUS: COMPLETED With regard to the Veteran's OSA and potential aggravation from his asthma condition, I have reviewed the medical literature articles that the Veteran has kindly sent to me along with his medical history and problems and now I offer the following comments: Whereas there is no current documented clinical evidence supporting direct causation of OSA by asthma, it is medically plausible to opine that asthmatic exacerbations with wheezing and shortness of breath at night can aggravate OSA by causing ineffective utilization of the CPAP apparatus due to the asthma attack because of inability to relax airways from the asthma. Thus it is as least as likely as not that the Veteran's current OSA is clinically aggravated by his asthma. Recent PFTs performed in Dallas on 1/26/2017 revealed inconsistent results, due to the fact that the Veteran could not produce enough airway pressure with hi s respirations for a satisfactory flow loop on the recording machine. Results were as follows: Pre % Predicted Post % Predicted FVC 59 63 FEV1 63 64 FEV1/FVC 79 75 DLCO 73 Thus, while the results were inconsistent, they do show a significant drop in both FVC and FEV1, which indicates to me that the asthma is currently symptomatic. So, I am going to discuss with my VSO whether this is new and material evidence to submit a new claim or whether I should ask for reconsideration since the examiner changed his opinion on the initial exam.
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