Va Claim Development Phase (Part 2)

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Received a letter from the VA last week stating my claim was being looked at however two "mandatory" documents were missing. I sent these documents back in November (but oh well), I will resend and make sure same is sent certified. Since my C&P exam was complete in November, I've had a MRI for an issue which I'm claiing and I've been diagnoised with sleep apnea, CPAP scheduled for delivery this Thursday. If I'm sending in the paperwork which the VA hasn't received, should I also include my MRI results/report and sleep apnea report as well. I'm not expecting to hear anything soon regarding a VA rating, so I figured I might as well send the additional info. Any thoughts/ideas on whether this is a smart move?


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    • You mentioned cardiac specialists.....Do you have Ischemic Heart Disease? If so that is service connectable for incountry Vietnam vets due to the 2010 Nehmer Court Order. Lots of info on that here in the AO forum
    • Why not ask a moderator here ( their emails are open I think) to consolidate your topics into one specific forum..... You also had an additional question that appeared  to be directed to me with an arrow >under a status thing in the right hand columns , but I guess that disappeared and I think it regarded the same question I answered here already.. This confusion happens once in a while when new members post the same issue in different forum areas here.  
    • I will try answer question# 1 and # 2 I think #1 is that you are trying to get a better EED for the asthma.  "I received a rating decision dated May 5, 2016, of established service connection for asthma from September 9. 2014. That was the date the VA received my claim.  This was a reopened claim.  Now they knew this.  I had forgotten that back in 1984 soon after I was discharged I had filed a claim for Bronchial Asthma and was denied in 1985. I never appealed it, and there are far too many reason why to get into them at this point in time." Sure they knew it, the denial is in your C file, but that had nothing to do with the re-opened claim.  The only way you can  a better EED is with a successful CUE claim...CUE claims are explained in detail here in our CUE forum. "Does anyone know if my case could have been settled on a local level had I not filed the Form 9 if I have officially reopened the case instead of continuing on with what appears to be a new case filed in 2014?" A Re-open goes back to the date the re-opened claim was filed. When a specific disability claim is denied, and then subsequently down the road the very same disability is SCed, there is always obvious potential for a successful CUE....depending on the past denied decision,and  the evidence they had when they made that decision....and many other factors ....all in our CUE forum. Many vets have gotten Mega retro that way ( as posted in the CUE forum) but it all depends on many factors. Others will help with question # 3  
    • This appears to be for a TDIU claim...but it does not appear to be a complete VA C & P exam. The opinion does state that this impacts on your ability to work but gives no further rationale. Do you receive SSDI and if so, is the SSDI solely for these vascular -heart conditions? If so is VA aware of the SSDI determination? Was the 2013 CUE resolved by the 40% SC Edema rating in both legs?  
    • I sure would. It isnt often that a vet can get support for a CUE from a vet rep. I think they have all they need to decide it.