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Appeal Rating Decision or Begin New Claim

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Dave P.

Question

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.

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There is much on the internet as to prolonged use of clonazepam (klonopin)and memory loss as well as other side effects:

https://www.cchrint.org/2011/06/02/americas-most-dangerous-pill-klonopin/

 

https://www.drugs.com/answers/difficulties-concentrating-memory-loss-clonazepam-1000906.html

 

http://www.rxlist.com/klonopin-side-effects-drug-center.htm

However I do not believe memory loss itself would be ratable at all ,if you filed for the memory loss as secondary (or under 1151)

Also it seems to have been resolved, so I assume you do not have a current memory problem due to the clonazepam.

Many meds can cause serious long term affects that can make a disability worse than it is or even cause an additional disability.

You might want to go over the side effects lists here for this med to see if you have any other serious side affects from it that cause you current problems, even though you don't take this med anymore:

http://www.rxlist.com/klonopin-side-effects-drug-center.htm

Did the VA give you any rating at all for the acquired neurocognitive disorder...I assume it was NSC "0" but could be wrong.

Also can you tell us what diagnostic code they used?

 

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Just to add....side affects that raise to a ratable level can be SCed ....( or 'as if' sced under 1151 ) as when VA started to service connect GERD if the veteran had been on VA prescribed NSAIDS for a long time, because long term use of NSAIDS was found by the medical community to cause GERD a few years ago..

Also under 1151...

The VA found my husband had developed HBP and had a major stroke because, in part, long story, they gave given him a prescribed med, at a high daily dosage for a disability ,(for 6 years prior to his death )..... a disability I proved he did not even have.

Under FTCA the top VACO cardio doctor agreed with my medical evidence on that.The med contributed to his death.

Obviously this wrong med also affected his malpracticed DMII and malpracticed IHD, which VA rectified (sort of -I am not done with them yet) with the direct SC AO death awards for the DMII and IHD.

It pays to really understand the meds you get. And pay attention to any serious side affects.

 

 

 

 

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Get am IME/IMO before you get to the meat of your appeal is my advice.  Don't depend on VA doctors for your claim.  That system can keep you tied up until they throw dirt on you.

 

 

 

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Look at it this way: 

Appeal: You and VA are sitting at opposite sides of a table. Both of you have all of the same stuff in front of you, and there is a genuine disagreement as to what all of the stuff in front of you adds up to. The appeal process remedies the disagreement...whether or not you like the remedy is another topic. 

Reconsideration: From your decision letter date plus one year, you can submit new evidence and have the claim worked as a reconsideration of the original denial. 

Don't appeal unless the top scenario fits your issue. If there is any form of new evidence available, exhaust the year of reconsideration time that exists first. 

-CHD505

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