Sleep Apnea - Appeal or New Claim

[John Royal]

Greetings everyone! 

Seeking advice on how best to proceed with my Sleep Apnea Claim. I retired in 2011 after 21 1/2 years of Naval service and I am currently SC at 40%. I need advice on whether to appeal my Sleep Apnea Denial (VA letter dated 3/9/12) or to file a new claim, since the 1 year to appeal has come and gone. In July of 2012, I received Progress Notes (VISTA Electronic Medical Documentation) that stated a diagnosis of Sleep Apnea diagnosed while on Active Duty with a plan for Sleep Services Consult. I assume the Progress Notes that I have came from my SMR, which I located where it said I had Mild Obstructive Sleep Apnea and it is confirmed from the Sleep Study performed (referred by VA to Civilian Provider) on 1/7/2011. I just had another Sleep Study (referred by VA to Civilian Provider) in April of 2016 and the results are that I have Moderate Obstructive Sleep Apnea and need a CPAP (which the VA will issue - soon I hope, as I have been dealing the effects of OSA for years now). I used eBenefits to get myself to the 40% level and wanted advice on whether I should submit an Appeal or New Claim using eBenefits or via a DAV/American Legion etc. 

 

Very Respectfully,

John Royal "JR" (USN Chief Petty Officer, Retired)

[John Royal]

I will be visiting the Virginia Department of Veterans Services (DVS) soon to have some of my previous conditions re-evaluated for increase due to many of the posts that I have read here. I spoke to them and they said they have access to some (I hope all) rating decisions, which I am hoping is my actual C-File. If that is the case and we are able to discern that the VA missed the evidence of OSA in my SMR, should I resubmit the evidence under 38CFR 3.156? If so, would the VA then go back to the date I first applied? 

Dependent on the advise of those who have experience, I need guidance on how to proceed based on the following information, as I will be discussing this when I meet with the VA DVS. I had surgery for a Meniscus tear to my right knee while on AD (they also removed Arthritis). The VA SC'd me at 0%, but classified it as Degenerative Joint Disease (claimed as Chronic Aches). What is the best way to address this issue?

JR  

[John Royal]

Good evening Brother's and Sister's,

I inquired with the VA on the status of my reopened claim today, as eBenefits says more documentation was needed. I inquired with the VA and they advised that it is back with the VARO in Roanoke Virginia and no other information is needed. I know there is a lag between Ebenefits, the VA and VAROs. I asked the VA Rep if he thought it would be prudent for me to use the eBenefits site to request the VA to make a decision and he said based on his experience that I should. Has anyone used this option in eBenefits before? If so, what was your outcome?

JR

 

 

[John Royal]

Updated information on eBenefits now reflects Preparation for Decision. Keeping my fingers crossed that the decision will be soon and favorable!

[John Royal]

Just logged into eBenefits and my status has changed to Pending Decision Approval with a end date of today. I was thinking of calling the VA to see if they have more updated information, as eBenefits normally lags behind as far as status. Does anyone think this is a good idea?

[John Royal]

Happy to report that my claim was approved and I am now at 70%. I want to thank all of my Brother's and Sister's for their insightful advice and guidance!!!

JR

[Berta]

WOW, this is great News!