I think you might qualify for "L", (might) only because of this BVA decision that makes it clear that "L" can be awarded even if the 100% disability is not for one specific disability:
But it pays to read the SMC info carefully here and even in BVA decisions because it can be confusing.
In my recent denial for sleep apnea secondary to service-connected asthma, the medical opinions stated that OSA has several primary causes, such as obesity, advancing age, sinus congestion etc... The VA provider referenced the many events of sinus congestion in my medial records and initial sleep apena diagnosis and implied is was more likely sinus congestion than asthma...
I am now looking to file a reconsideration and am thinking to service-connect the sinus congestion/post nasal drip with OSA as a residual. Essentially, OSA secondary to Sinus congestion.
I would be interested in thoughts about this strategy:
1. Does this seem like a viable or potentially helpful strategy?
2. Does this nexus letter seem appropriate to try and connect sinus congestion?
Here is the Nexus Letter Draft:
XXXXXXXXXXX -- Sinus Congestion and Post Nasal Drip.
To whom it may concem,
I am wrriting this VA Nexus letter at the request of Mr. XXXXX has been under my care since 9/29/2015 for asthma and allergic rhinitis with clu·onic sinus congestion, and clu·onic post nasal drip . Mr. XXXXXX's moderate to severe clu·onic sinus congestion and moderate to severe clu·onic post nasal drip are currently treated daily with maxintal medication therapy including saline sinus rinse, fluticasone and azelastine as well as salt water gargle.
I have examined Mr. XXXXX's VA Claims File (cfile) and service medical records. I am familiar with his medical history and have also performed physical exarninations over the course of his 8 visits to om clinic, most recently on 10/17/l 6.
It is my medical opinion that the veteran's sinus congestions and post nasal drip is more likely that not related to his military service and associated with his service-connected asthma; the rationale being that. Mr. XXXXX demonstrated no prior history of asthma or allergic rhinitis including sinus congestion, and post nasal drip prior to military service, as annotated on his medical entrance exam, and was while in military service diagnosed with "reactive airway disease" in 1992 and noted to have a positive methacholine challenge in 1994 consistent with an asthma diagnosis, and was seen on multiple occasions for sinus congestion, post nasal drip, acute rhinitis, and upper respfratory infections. Mr. XXXXX reports recurring symptoms since leaving service and often patients that develop astluna also develop other atopic conditions such as allergic rhinitis with symptoms or clu·onic sinus congestion and clu·onic post nasal drip.
Mr. XXXXX's medical record demonstrates that these sinus congestion and post nasal drip symptoms
manifested in service and have been clu·onic ongoing medical conditions up to the present time.
Please do not hesitate to contact us if you have any additional questions or needs.
Board certified in Adult and Pediatric Allergy & Immunology, The American Board of Allergy and Immunology
Board certified in Internal Medicine, The American Board of Internal Medicine
Redacted Nexus Letter.pdf
"Theydenied the Diabetes even though the C&P examiner stated "More than Likely" which was in my favor. The rater stated in the SOC that the C&P doctors opinion had no probative value. "
HUH? Sometimes I think I have seen it all. Boy they even went against their own C & P doc?
Unbelievable.......... the VA needs Divine Intervention....they are so fubared.
Was this a P & T award?
That is from this blog site:
http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.htmlI agree with the statement only if it refers to a CUE claim...if it means a past denied decision regarding SMC. Maybe I am reading it wrong...
Buck would know....
"ot having been aware of the SMC at all, has anyone ever successfully been awarded SMC back to their original Effective Date? "
Yes...in a 1998 decision ( my husband ,the veteran had been dead for 4 years by then) The VA had ample evidence to award SMC ( he was 100% P & T for PTSD (SC) and 100%P & T for stroke under Section 1151.
They never considered him properly for SMC S. I filed CUE and they granted the SMC as an accrued benefits back to August 1992, when the stroke occured.
That CUE is explained in our CUE forum under search for SMC CUE Berta.
4 Cues in one...maybe 5... I forget.
I think you should definitely look over all the SMC info...for the "L" criteria.