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Which Way To Go...new Evidence Or Nod?
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Phoenix
Greetings all,
I am reposting the following here in the hope that I can gain some insight in what to do next.
I had a service connected claim of obstructive sleep apnea with CPAP which was denied because the VA found no evidence in my SMR.
I am a tad miffed because in my service medical record shows my diagnoses of Obstructive Sleep Apnea and to start CPAP therapy in September 2007, but this wasn't even referred to.
I had my CP exam in October 2008 and showed the doctor my SMR with the diagnoses and sleep study results listed on it, but not the actual sleep study. The doctor stated that I had subjectively reported I had sleep apnea but no evidence was given that I had it.
Now my question is should submit a letter of new evidence that includes copies of the overlooked medical records, my actual sleep study refered to in those records, my reciept from the CPAP machine I was issued, my last sleep study on Nov 2008 showing I still have sleep apnea and the print out showing my treament compliance or should I send in a Notice of Disagreement? The whole claim has not been rated yet as they have deferred one decision.
As a side note, thedeferred rating of one of my conditions left me right at 40%. Any guidance on this?
-Phoenix
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