RyanS

"The Board found as fact that "the veteran's service-connected disabilities are not of such nature or severity as to prevent him from some type of gainful employment." [**19] Washington, BVA 89-03089, at 6. The Board relied upon appellant's school attendance to support its conclusion that he is employable; however, there is no evidence in the record before this Court that the veteran is successfully pursuing his studies. In addition, as counsel for appellant stated at oral argument, the skills needed to attend school are different from the skills needed to compete successfully in the workplace. Although the regulations surrounding the issue of unemployability and pension benefits remain a "confusing tapestry," Hatlestad, slip op. at 6, bare conclusions that appellant is capable of substantially gainful employment are insufficient. Hyder, slip op. at 4-5 (citing Gilbert, slip op. at 11-13)." Washington v. Derwinski, 1 Vet. App. 459 *, 1991 U.S. Vet. App. LEXIS 92 (Vet. App. 1991)

Tell that to Judge Kramer.

Please keep in mind, if anything, about the relationship between PTSD and Sleep Apnea. The crucial aspect is what type of sleep apnea you are clinical diagnosed with: obstructive, mixed or central. I just got back from a hearing with Judge Kramer (a very experienced BVA judge) and we had an entire argument over when sleep apnea can be linked secondary to PTSD. He threw out the entire argument because my guy had obstructive sleep apnea. And he's honestly mostly correct. Obstructive sleep apnea is mechanical in nature...the muscles are collapsing due to something extraneous, like too much neck fat or skin or terrible sleep posture or a problem with the cervical spine. Mixed and central are where the body's nervous system are in such disarray that it literally interrupts your body's ability to regulate breathing (an involuntary reflex mind you). With PTSD, essentially the argument is that the nightmares and sleep deprivation remove the body's ability to have REM sleep, or at least it's highly fragmented REM sleep. This lack of REM sleep is what, over time of course, throws havoc to the nervous system. It creates not only central or mixed sleep apnea but also a whole host of other issues, although most are cognitive. So, when trying to claim PTSD is causing your sleep apnea, you either need an initial clinical diagnosis or mixed or central or you need a MODIFIED diagnosis with an explanation for the change. Then, and only then, will you get an IMO that is proper to show the linkage. I dare anyone on here to counter my statements that obstructive is medically linked to PTSD...there are no journal articles or scientific studies to corroborate that. There are a ton on central or mixed however, and most BVA judges know this. Just food for thought.

Not to be rude but these second opinions are for treatment plans. This is not an option if you need an independent medical opinion. " After reviewing your medical records and diagnostic tests, our physicians will provide a written recommendation regarding your treatment plans or options based on the information provided by you and your current treating physician." The "opinion" is merely what they believe to be the correct route for treatment. Now, it might open the door to obtaining a med opinion, but I certainly would not rely on that ~$500 cost as the true cost. At least for what veterans need against the VA.

We are experiencing, depending on RO, on average, around 1 year for initial appeals, 2-3 years to obtain an SOC and another 2-3 years for a BVA decision.

Spousal support (aka alimony) or child support varies state to state for va benefits purposes. If you are not divorced though, it's not really an issue. Only upon divorce does the VA need to know. But, if you get divorced, formally, if you fail to pay child support, a court order could force the VA to pay the ex-spouse vs you.

If the BVA states that your overall severity was 40% for the entire claims period, that is a finding of fact that cannot be overturned by the RO or the CAVC unless it is clearly erroneous. You should file an NOD that has the same elements of a CUE claim without filing it as a CUE claim. CUE claims explicitly are harder to win than an NOD for an earlier effective date. Don't box yourself in like that. The RO overturned a BVA finding of fact unlawfully. The record, as stated by the BVA, states one thing and one thing only...then entire appeals period is supported by a 40% rating.

Voc rehab and/or Psyche opinion on how your conditions affect unemployabilty is the only real route to TDIU in your case. SSI decisions, while they have to be considered, are not controlling. The decision of the administrative law judge at the SSA “cannot be ignored and to the extent its conclusions are not accepted, reasons or bases should be given therefor.” Collier v. Derwinski, 1 Vet. App. 413, 417 (1991). See also Webster v. Derwinski, 1 Vet. App. 155, 159 (1991); Sammarco v. Derwinski, 1 Vet. App. 111, 112 (1991); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990)

We experience wait times of at least 6 months and sometimes up to 12 months, depending on if development is needed. Remember it takes 3 months alone for the transcript to be made.

How else does a private practicing attorney or rep make money? No donations unlike most VSO organizations. I'm open to suggestions. Unless the lawyer is already a multi-millionaire resting on his laurels and does this for fun...profit is exactly a motivating factor for winning. Ergo the contingency fee.