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Claim was granted according to the letter DAV sent me today. I'll get the official decision from the VA soon. Thank you all for your suggestions.

Word. I'm not stressing over what the VA will do, I'm not concerned they will "screw" me. I've been treated fairly and with respect every time I've had to deal with them. I can prove my case it just might take more time. I'm cool with that. What frustrates me is to have my question derailed - I get it. The statements might be verified. But given that they are credible what are the implications of the C and P examiners opinion? - I have yet to get an answer on that. I think the CandP opinion helps me but I don't know why it did not include a reference to my doctors nexus letter (it was in the list of evidence considered). Thanks for the words of encouragement Pete and Blackbird.

The buddy statement is very strong. It has all of that. It has everything but the notary seal. I'm not at all concerned about the buddy statement not checking out. My question is about the raters decision. Can the rater ignore the C and P examiners opinion and a sleep medicine physicians opinion that it is linked to service? (Given that the statement is truthful and verifiable)

No... She also had my sleep medicine physicians opinion who reviewed my medical records that "more likely than not" my sleep apnea was related to service as it was present but undiagnosed b/c of other medical issues. She listed my doctors note in the evidence she reviewed but was not in her "impression" where she said "at least as likely as not". I don't know why.

So.... Carlie.... What is your JHMO on the rating in light of this CandP opinion?

They will all check out. Only one was a buddy I served with. One was a homeowner who I was guest of, the other was my girlfriend at the time. When they check out the statements... I should be rated right since the CandP examiner said "at least as likely as not"?

I received a copy of my C and P examiners impression today. She wrote... "It is at least as likely as not that the veterans current condition of obstructive sleep apnea existed during military service as evidenced by multiple buddy statements to support the presence of snoring, apnea and sleep disturbances during active duty, symptoms which are consistent with sleep apnea." Does this mean Ill be rated for sleep apnea?

I received a copy of my C and P examiners impression today. She wrote... "It is at least as likely as not that the veterans current condition of obstructive sleep apnea existed during military service as evidenced by multiple buddy statements to support the presence of snoring, apnea and sleep disturbances during active duty, symptoms which are consistent with sleep apnea." So what do you guys think?

Hey Guy's, I had my CandP exam this morning. The examiner (I'm not sure she was an MD or not...) commented on my evidence by saying it was "good" what ever that meant. I think was just trying pacify me. But when I gave her my nexus letter from my doctor she asked "Who wrote this?" then She asked if my doctor was a VA doctor. Then she commented that the language in the letter was exactly how medical opinions are given by the VA. Then she read the sentence..."Based on my review of his service medical records, I believe his sleep apnea today is more likely than not related to military service, as it was likely present and undiagnosed at that time." I took that as a good sign. Other than that... We'll see soon.

The VA just called to schedule my C&P Exam for this coming Tuesday at 0900. As you can see below this is for my reconsideration of sleep disorder as Sleep Apnea. I'm not sure what to expect since I got the sleep study already done and they are not making me take another sleep study. Any tips for a sleep apnea c&p exam would be very welcomed. Thank you all so much for your feedback.

Thanks Black bird! I think I'll lay down the cash for Dr Bash :o And get an air tight IMO. I just got a packet from the VA. They said they will schedule VA claim soon, and outlined what they need and will do to resolve my claim. Carlie, I went back and looked over the cases you linked to. As near as I can tell the BOD is for application when "...there exists "an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter. That's what I ineffectually tried to communicate when I said. "And at least 50 percent likely hood of a nexus to military service". Do you think a nexus letter written by Dr Bash to satisfy the VA needs is a good idea at this point?

Carlie, Let me see if I understand... For the benefit of doubt to be applied in a case you still need three things. A current diagnosis of a disability as defined by the VA. A history of cause, origin, or aggravation of said disability originating in active service. And at least 50 percent likely hood of a nexus to military service.

So what do I need to do to not even make it a question of a balance of doubt? I had sleep apnea that started in active duty. How do I make this clear for my C&P exam? I'll shell out the cash for a IMO if it would make the difference. I have a Negative counseling statement for falling asleep on the side of the road in my car on the way back to work. How can I enter that in as evidence to be considered? You guys are such a great help. Thanks for all the help you've given so far!

Carlie, Got it. What do I need to bring to my C and P exam, and what do I need to be ready to tell the examiner?

Thanks man! Anyone with some experience with the VA got any impute here? I want to put my mind at ease here cause I'm driving myself up a wall.