Absolute

That was my appeal...I do plan to keep fighting. I do not think they considered all of my submitted evidence but won't know anything until I get my letter.

Well, looks like the second signature was just to approve the denial. My claim closed today and was denied s/c. Thanks for the response anyway.

Thank you for your response! I just have never seen that on any of my other claims...that was all new to me so it kind of raised a red flag for me. I thought they were waiting for a signature from me for some reason.

Any help would be greatly appreciated. I filed a claim back in 2017 that was denied twice. I appealed the decision and it was deferred late last year. This past Thursday, I noticed the appeal claim moved to Preparation for notification and under the Files on VA.gov it shows "Second signature, no longer needed." Does anyone have a clue what that could mean? At the very least, I know it is coming to an end soon but hopefully I can finally say that I am done fighting for this particular issue. Again, any help is appreciated! Thank you in advance.

Thank you Buck52! I will be submitting this NOD soon as possible then. This is crazy. I appreciate every comment...

Thank you so much for the additional information everyone! I got my letter today via fax...and I saw an even bigger issue. It states on the Reasons for decision: "The evidence from Fayettville VAMC submitted in connection with the current claim does not constitute new and material evidence because it does not relate to an unestablished fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim." The problem here is I have never gone to Fayetteville VAMC, never lived in NC and none of the evidence they have on the claim states that anything came from Fayettville VAMC. "The evidence from the copies from your Service Treatment Records submitted in connection with the current claim does not constitute new and material evidence because it was previously submitted and considered in the rating decision. of August 21, 2017" Unfortunately for them that rating decision states that the evidence does not show an event, disease, or injury in service. Your treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service. Now, how could that second part be true when I submit a completely new document that was not previously available showing a clear diagnosis from the doctor in 2005? This sounds like the person who did my claim did a half ass job, copied and pasted some statements and pushed it up for a signature and it was approved. I need to definitely keep fighting this one.

Thank you for your quick reply. I appreciate it.

Fellow Vets, I had previously been denied s/c for onychomycosis for a claim filed in April 2017 due to the rater stating that problem list items are can not be used for s/c. They stated that I needed to provide documentation showing a clear diagnosis. Problem with that was that I did not have my medical records. I contacted the VA 3 times (1 through my Senator) and they sent me all of the files they had. I received the same CD 3 times in a row (C-files)...so I asked them if my records were lost and they stated that they were not sure. I contacted the AFPC and they told me to try my last duty station. I contacted them and they actually had some of my records electronically. I had them send the documents to me so that I could try to find a clear diagnosis. Long story short, the doctor's appointment was indeed on the CD I received so I reopened the claim in May 2018, including that new information along with my current prescription for Lamisil (since it continues to be an issue). Last week, that claim closed and I was denied for the following reason: "The claim for service connection for bilateral onychomycosis remains denied because the evidence submitted is not new and material." Now how could that be when I submitted documentation that the VA had not previously had in their possession. Now my question is, should I file an NOD or open a claim for reconsideration? If the latter, how do I go about doing this? Thank you in advance for any assistance you can provide.

Thank you for the breakdown on that...I could see why it was done the way it was now.

I got my Brown Envelope today and was excited to see that they gave me 50% for sleep apnea w/CPAP but was disappointed that they only paid retro back to the date of my claim. I am going to file the NOD because if it was service connected it should go back to my first filed claim, right? Am I screwed because this was a re-open of the claim with new evidence? Any help would be appreciated again.

No worries. I am excited for the new percentage but I am not sure of exactly HOW excited I am yet. I will wait and see. Thanks for your input.

This was my original post about this same subject back in 09

Nice! Thank you for that additional information. The doctors at the VA tried anxiety pills, mouth pieces and then decided the CPAP would be the best option for me. This was all done between 2008-2009. The sleep apnea was diagnosed in 08 and CPAP given in 09 after a second study was done, if I recall correctly.

It was not presumptive...since it was not diagnosed in service. I was diagnosed less than a year after separating from service. The rhinitis has been in my records for many years...so I am assuming (I know what that does - lol) that they connected the two and approved me for OSA w/CPAP.

Thanks for the breakdown. I think I have used that calculator before but it was a while ago.