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Nod Or Reconsideration?

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I filed PTSD and sleep disorder 2 years ago. I was granted for PTSD at 50%. Denied for Sleep disorder b/c of a lack of diagnosis. (What my decision letter says)

My 1 year deadline is up on the 24th of February. I enlisted the help of a DAV VSO, who said that I could not appeal the sleep disorder denial, with my clinical diagnosis of "sleep apnea" because she said I had filed sleep disorder secondary to PTSD. And that they had taken my trouble sleeping into account when they granted my PTSD claim for 50%.

She then explained that she would file a request for reconsideration of the "sleep disorder" claim and request that they reevaluate my claim because I should have filed for Sleep Apnea.

My question is... What are the chances they will accept my request that they reevaluate my claim of sleep disorder as sleep apnea. I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected. But what are the chances they will make the effective date of the decision the same as my PTSD claim?

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If the VA said denied due to no diagnosis-

I dont see why the way you worded the claim(as secondary due to PTSD) would matter.

You could appeal that there is in fact a diagnosis.

Can you scan and attach here (cover personal info) the decision as to exactkly how the VA worded the decision?

"I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected. But what are the chances they will make the effective date of the decision the same as my PTSD claim?"

Did the VA receive that MD's diagnosis and list it as evidence prior to making their decision?

Did the MD (or could the MD ) make a statement that it is more than l;ikely the sleep apenea is due to your PTSD?

I dont feel a Reconsideration request will be process in time - as your NOD date is running out.

You can attach any evidence whatsoever that helps this claim to the NOD but it would help us to know exactly how the VA worded that denial.

If the rep files the reconsideration request make sure it is also considered as a NOD if the request is not acted on expeditiously (and make sure a NOD is filed separately too-in time- one year after the decision date you are nodding.

The recon request will need some evidence they havent seen yet or have but never considered in the decision.

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From another post.

One would need to have a doctor agree to write

the veteran has a SC'd condition of XXX.

It is my medical opinion the veterans SAP is secondary

to the SC'd disability of XXX due to, XXXXX

and a little narative that shows fully supported medical rationale.

Medical treaties that are specific to the populace in general

will not be adequate to get the claim granted.

VBA will need something specific to the veteran and the veterans situation.

jmho,

carlie

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and make sure you file that NOD with a certified mail return receipt or get a date stamp on your copy of the paperwork...you have to be able to prove that you met the NOD deadline set by VA.

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If the VA said denied due to no diagnosis-

I dont see why the way you worded the claim(as secondary due to PTSD) would matter.

You could appeal that there is in fact a diagnosis.

Can you scan and attach here (cover personal info) the decision as to exactkly how the VA worded the decision?

"I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected. But what are the chances they will make the effective date of the decision the same as my PTSD claim?"

Did the VA receive that MD's diagnosis and list it as evidence prior to making their decision?

Did the MD (or could the MD ) make a statement that it is more than l;ikely the sleep apenea is due to your PTSD?

I dont feel a Reconsideration request will be process in time - as your NOD date is running out.

You can attach any evidence whatsoever that helps this claim to the NOD but it would help us to know exactly how the VA worded that denial.

If the rep files the reconsideration request make sure it is also considered as a NOD if the request is not acted on expeditiously (and make sure a NOD is filed separately too-in time- one year after the decision date you are nodding.

The recon request will need some evidence they haven't seen yet or have but never considered in the decision.

No I just received the diagnosis a few weeks ago. I attached the medical records from the sleep study that I got on my own. On the 15 FEB I'm visiting my doctor to request a Nexus letter. When I booked the appointment his receptionist said he has written nexus letters before. I'm very clear on what I need to get from my private MD as far as a nexus letter.

What I am less clear on is if I should file an NOD. My VSO was very sure that because I had claimed "sleep disorder" and not "Sleep Apnea" the VA had not evaluated me for sleep apnea and their decision would stand. She said my only chance was to file a request for reconsideration because I had claimed the wrong condition. And to submit the recent diagnosis and nexus letter. Should I listen to her? If I file a NOD won't it negate the request for reconsideration?

Thank you for your answering...

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The NOD may negate the reconsideration but you are going to run out of time. You have one year to file a NOD. If that runs out and you lose the reconsideration you are going to lose your effective date. You may be better off opening a new claim for sleep apnea. How are you linking sleep apnea to PTSD? Is there medical literature that links PTSD with sleep apnea. What is your nexus from PTSD to sleep apnea? If you are obese the VA is going to say that is the cause of your sleep apnea. I understand a sleep disorder due to PTSD. I don't understand sleep apnea due to PTSD. Probably my ignorance. As far as I know the VA has to complete the reconsideration before the one year for the NOD. With four weeks left in February that is uncertain at best.

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