Appeal Rating Decision or Begin New Claim

[Dave P.]

Do I appeal a denial in recent decision rating July 25, 2016, or start a new claim?

 

One of my claims was denied because I tied it to the wrong service connected issue.  I am service connected sleep apnea and restless legs.  I've always considered them as one.  My claim was for an acquired neurocognitive disorder (memory loss) as secondary service connected condition which I wrote up under sleep apnea instead of restless legs.  VA denied claim because of no evidence under sleep apnea.  I've experienced memory loss from being on clonazepam for 20 years to treat restless legs.  The memory loss was diagnosed  by a VA psychologist specializing in memory loss in one meeting requested by my VA doctor and a C&P evaluation, after experiencing serval lapses in memory.

[john999]

You will lose EED if you file a new claim. Are you just depending on the opinions of VA doctors?  I have OSA and it effects my memory for first five hours of the day for sure.  How much grief do they give you about the Clonazepam and your OSA?  Do you have centralized sleep apnea, obstructive or both?  For any of these things if you are depending on VA opinions you will probably lose.  You need your own doctor that you pay to try and connect the conditions as secondary.  I had "Profound sleep Apnea" according to my private pulmonologist.  He said I was going to die.  I had an operation which helped and I get oxygen at night.  Are you sure you are getting  best treatment possible at the VA?  You have Tricare and Medicare, correct?  How much Clonazepam are you taking?  I take it and opiates for pain.  I get a world of brown stuff thrown at me from VA about this.

[Dave P.]

John999,

Thank you for the reply.  I have several responses.

I've filed four claims since I retire which were mostly approved, but don't know much about the process.

What does EED stand for?  I've had two sleep studies done; one requested by the USAF in 1995 and done at the Providence Hospital in Anchorage, AK.  The second was in 2004 by the VA - they put me on a CPAP machine.   Both diagnosed me with obstructive sleep apnea.  VA just up graded me to 50% for sleep apnea.  I filed for sleep apnea when I retired and received a service connect at 0% because the USAF operated on my throat doing a UPPP in 1995. It didn't fix it. I should have filed again for sleep apnea in 2004, but didn't even think of it.

The USAF put me on Clonazepam in 1996 for restless legs, I was on it until this spring.  I was gradually increasing my dosage, I would just ask for more and the VA doctors provided it.  The script was for 1mg initially, I believe and I was taking 4 to 6 pills a day.  I was warned several times about them beging addictive, but doctors never mentioned the side affects.  Last November, my new VA doctor told me to get off them because of memory loss.  In April, I experienced several sever memory lapses, I reported these to my VA doctor.  She set me up for memory evaluation and with the pharmacists  who help me get off the clonazepam. It took 2 1/2 months to detox.

[john999]

Dave

 

                It is easier to get off heroin than clonazepam.  If you were taking Morphine pills every day and you suddenly stopped you would withdraw in less than a week.  It would not take 2.5 months.   All these drugs do suppress your breathing.  I am not preaching because I take clonazepam for anxiety.  The main side effects of opiates and benzo's like valium etc. for those with OSA is death.  When you stop breathing you never start again.  EED stands for Earlier Effective Date.   I think your claim makes more sense as memory loss due to OSA because if your oxygen levels fall too low at night brain cells die.  I don't understand the VA logic.  You may have to create your own evidence with independent medical exams or just getting a private pulmonologist and neurologist to look at these issues.  How does restless leg create memory loss.  I know you took the clonazepam for it but it does not make sense to me.  I am not a doctor so what I say means nothing to the VA.   I might be completely wrong. How is the OSA now?  Mine is better but by no means cured.   What are your oxygen saturation levels at night?  This is the really big deal.   Feeling crummy is one thing and being dead is another.  I had Inspire Device implanted in my chest and throat. I could not stand CPAP.  Are you OK with it?  I tell my wife I will see you in the morning if it is the will of God.  I am afraid it could kill me.  I have chronic pain and anxiety.  I live with pain or die with dope and OSA.

[broncovet]

Whether or not you should file a new claim or appeal the old one depends on if you need money or not.  If you are rich, looking for sources to spend extra money, then you should likely file a new claim, or just forget it.

However, if you need money, then your retro pay will be much more if you are successful at an appeal, rather than  a new claim, because the Effective date will be earlier.  (EED).  

[Dave P.]

13 hours ago, broncovet said:

Whether or not you should file a new claim or appeal the old one depends on if you need money or not.  If you are rich, looking for sources to spend extra money, then you should likely file a new claim, or just forget it.

However, if you need money, then your retro pay will be much more if you are successful at an appeal, rather than  a new claim, because the Effective date will be earlier.  (EED).  

Broncovet,

Thanks again.  I don't need the money, but I think I will appeal the current decision rating.

[Buck52]

Rather or not you need the money is Irrelevant ...  if they own you  take it buddy.

you earned every penny.

jmo

....................Buck