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    • Here is my letter to Chairman of the Board I sent with my doctor's nexus opinion for my OSA Sleep Apnea due to PTSD appeal.  The appeal was granted after this.

      "REF: 38 CFR 20.1304(C) New and Material Relevant medical evidence for appeal after VARO (AOJ) Certification of Appeal.  

      Date of Substantive Appeal dated December 23, 2019.
      Date of Obstructive Sleep Apnea Claim December 6, 2017.

      In accordance with 38 CFR 20.1304(C) and VA.GOV instructions veteran is sending the Board (BVA) the enclosed new and material outstanding medical evidence to support his appeal and claim for service connection of his OSA Sleep Apnea.  

      This evidence is not a new claim or reopened claim and veteran is waiving his procedure right for first review of this new medical evidence by the AOJ or VARO and ask the Board to directly review/consider this new evidence without first referring the evidence to the AOJ for consideration.

      This new and material medical evidence consist of a detailed full explanatory expert medical 22 page opinion from Doctor Surgeon Specialist David Anaise, M.D., J.D.  stating veteran VA diagnosed OSA Sleep Apnea is at least more likely than not (greater than 50%) caused by (due to) his Vietnam combat PTSD of long duration for more than 25 years. 

      Dr. Anaise also includes an extensive list of other reputable medical research studies and specialist opinions supporting his medical opinion for service connection of veteran's OSA Appeal.

      Also included is an excerpt from Dr. Anaise's 2016 book titled "Medical Evidence In Veterans Disability Ratings" that further supports his 22-page opinion.
      Dr. Anaise also further states in his opinion that he has reviewed veteran's VA medical and Army Service Medical records dating back to 1970 up to present date. 
      Enclose is also copy of VARO/AOJ Certification of Appeal letter dated May 14, 2020.

      Sincerely,"
       

    • Hi,

      I did a Google search and found a website for a group called Swords to Plowshares.  The have been working with Vets for 45 years and they have a PDF with detailed instructions on how to upgrade/fix discharges under DADT.  I know that's not what you asked, but it may be relevant.  As for filing a claim, Vets aren't expected to nail down the reasons for their mental health conditions.  That's why there are VA medical exams and opinions.  In my personal opinion, it's certainly plausible that a Vet discharged under DADT had stressful experiences leading up to the actual discharge.  If it were me or one of my loved ones, I would encourage the Vet to reach out to folks (like the group above) who may have specific knowledge and advice for Vets in this situation.

      Good luck to you,

      Phury  

    • Contact the Modern Military Association of America - Legal Services to see what they would advise. 

      Quote

      The Modern Military Association of America (MMAA) is the nation’s largest organization of LGBTQ service members, military spouses, veterans, their families and allies. Formed through the merger of the American Military Partner Association and OutServe-SLDN, we are a united voice for the LBGTQ military and veteran community. As a non-partisan, non-profit (501c3) organization, we are working to make a real difference in the lives of our modern military families through education, advocacy and support. We also provide free, direct legal services for the LGBTQ and HIV+ military and veteran communities.

       

    • Good comment

       

      Edited by Dustoff 11
    • Phury, you are right, the letter gave me a partial decision. PTSD will continue at 50%. But I think I mispoke about the rest. To be clear... Service Connection for cancer gave me 30%, which gave me the needed 70% for TDIU claim qualification. I am not looking for additional exam appointments, as I have already had C&P exams for those residuals. When I applied for TDIU, I made sure I only gave the two SC disabilities which I believe prevent employability. One is PTSD. The other is AO caused tongue cancer with residuals, one of which is fatigue, which is SC. The letter says, "The issue of whether or not you are entitled to Individual Unemployability is deferred for the following: pending VA examination." I could be wrong, but I think that means the VA will examine my case and the exams I had. Not that they will give me more exams.  Maybe that explains why they have not sent me to more exams. I've had them all.  But it doesn't explain why they're dragging their feet about a decision.  That letter was 08/09/2021. A subsequent letter dated 12/22/2021 says, "We are working on your claim."    Semper Fi

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