ptsd Nod Or Reconsideration?

[pog]

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?

[carlie]

pog,

At this late of a date, the VSO putting in a request for reconsideration

is absolutely crazy.

You need to file a NOD and you need to have a date stamped copy in your hand

I would say no later than 2/15/2010.

Your NOD can address the fact that at different times, different doctors and examiners will refer to the same condition under different verbage of diagnosis.

Sleep disorder/ Sleep apnea are along the same lines.

Get that NOD in or kiss your effective date good bye.

I would NOD every issue on the 2/18/2009 Rating Decision that was either a lowballed grant or out n out denied, if I had the medical evidence

to support a higher percentage or grant for SC I would file that NOD.

jmho,

carlie

[pog]

pog,

At this late of a date, the VSO putting in a request for reconsideration

is absolutely crazy.

You need to file a NOD and you need to have a date stamped copy in your hand

I would say no later than 2/15/2010.

Your NOD can address the fact that at different times, different doctors and examiners will refer to the same condition under different verbage of diagnosis.

Sleep disorder/ Sleep apnea are along the same lines.

Get that NOD in or kiss your effective date good bye.

I would NOD every issue on the 2/18/2009 Rating Decision that was either a lowballed grant or out n out denied, if I had the medical evidence

to support a higher percentage or grant for SC I would file that NOD.

jmho,

carlie

That's kinda what I thought but my VSO was adamant that this was the last best option I had. I don't want to ruin our relationship if she is going to represent me. And I don't know how I should go about asking for another opinion from another DAV VSO in the office. Should I hire an attorney or go the VFW or something else?

[carlie]

That's kinda what I thought but my VSO was adamant that this was the last best option I had. I don't want to ruin our relationship if she is going to represent me. And I don't know how I should go about asking for another opinion from another DAV VSO in the office. Should I hire an attorney or go the VFW or something else?

pog,

What you should do is file a freaking Notice of Disagreement, NOW.

carlie

[akwidow]

It looks to me that the people in this thread (other than myself) knows a lot more than your VSO does about your claims...and you should follow their advice ~ IMHO.

[pog]

I've not received little more than a knee jerk reaction to file a NOD here. I've talked to two VSO's and both suggest the best thing for me to do is file a request for reconsideration. I'm going to stick with that plan. I'll update this thread either way it goes.

On the 15th I meet the MD that prescribed my CPAP. I'm going to bring him any evidence from what Army medical records I have on had that I think could be evidence of sleep apnea in service or conditions I was treaded for in service that could aggravate sleep apnea and ask him to write a nexus letter.

Thank you for all your feedback, and I'm still open to it.

[jerrbilly]

Did you ask your VSO about losing your effective date?

I've not received little more than a knee jerk reaction to file a NOD here. I've talked to two VSO's and both suggest the best thing for me to do is file a request for reconsideration. I'm going to stick with that plan. I'll update this thread either way it goes.

On the 15th I meet the MD that prescribed my CPAP. I'm going to bring him any evidence from what Army medical records I have on had that I think could be evidence of sleep apnea in service or conditions I was treaded for in service that could aggravate sleep apnea and ask him to write a nexus letter.

Thank you for all your feedback, and I'm still open to it.