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Showing content with the highest reputation on 09/23/2020 in Posts

  1. Well not to be mean or anything just because you have a diagnosis for OSA and was giving a C-pap machine does not cut it with these raters they will deny 100%of the time FILING SECONDARY CLAIM to be connected to your PTSD for OSA YOUR GOING TO NEED A SLEEP DR to give his/her medical opinion that your PTSD AND THE MEDICATIONS YOU TAKE FOR IT IS LIKELY AS NOT THAT THIS VETERANS OSA IS CAUSE BY OR RELATED TO HIS PTSD MEDICATIONS AND HIS PRESCRIBE C-PAP MACHINE IS MEDICALLY REQUIRED TO USE. THE DR NEEDS TO READ YOUR MEDICAL RECORDS THAT PERTIAN TO THIS CLAIM AND EXAMIN YOU. AND GIVE A DETAIL EXPLANATION WHY THE MEDICATIONS WILL CAUSE THE OSA. THIS IS WHAT YOU NEED TO BE APPROVED FOR OSA/SLEEP APENA. I agree with GB Army Questions was you denied using the ''Carpenter Chartered Law Firm? its a rare denial if they helped you with your claim? If they still REP you ,They should file the NOD for you and get you a medical opinion (IMO) From the Qualified Sleep Dr's MEDICAL OPINION .
    2 points
  2. Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it was for a C&P and didn't tell me. If you said something while a claim was open regarding a MH condition, the note in the file was caught and it generated the exam. Not a bad thing, but you should have been notified. If the exam results in a favorable finding for a disability for you, (sometimes) the VA will give you a rating for it. But sometimes you may have to submit a claim for it using the finding as evidence. I'm sure their M21-1 manual provides enough wiggle room that the VA can get by doing this even though it sounds un-profesional at the very least to the veteran. Wait and see what your decision letter says and go from there.
    2 points
  3. According to this, we are looking at "about" 1.3 percent Cola, but It could be better, or worse! However, most noticed food prices went up in the past few months. I am gonna guess 1.5 percent or better. My guess only. https://militarybenefits.info/cola-increase-watch/
    1 point
  4. yeah, its pretty nuts from what I hear. Miy training was wall to wall 8 hrs a day from April to June before I could even start looking at claims, and even then every action I took was reviewed and critiqued for almost another month before I could work on my own, and then it was still another 3 weeks before I was actually held to standards where my mistakes weren't just fed back to me to fix, but also counted against me. They do try really hard to not just drop you into things but you've seen the M21 (or maybe you haven't- you should, its publicly accessible). There are literally some things in there that contradict themselves depending on how and where you look. Its been a multi year project trying to clean that thing up, and its still ongoing, plus every time something gets changed ...........*smh*
    1 point
  5. Maybe, I don't know. Since I don't rate Im not really privy to the subtleties of interpreting the M21 when it comes to ratings activity. For good or ill, those guys/girls go to class 8 hours a day for like 6 months just for that job, and thats after having been a VSR for some years because gs7-9 dont do ratings. Thats gs10 and above and usually a Masters degree in something or another. Im almost there (3 months) education wise, but I have awhile to go before I can even think about doing their job- and I don't know if I want to. I like being a relatively low cog.
    1 point
  6. JohanathanAD You have an excellent chance at winning an appeal. Carpenter is good at what he does, also. Go with the flow: if they are hanging the reject on obesity, suggest to Carpenter looking at the obesity as an INTERIUM link between PTSD and OSA. PTSD meds cause weight gain. WG causes OSA. I am not a doctor but the argument is that there is doubt as to how much either factor, weight gain/obesity, or your original evidence of the MH condition, but since they are interconnected, they are service-connected. IMHO. As to whether you go HLR ,or go directly to BVA with additional evidence is your choice.
    1 point
  7. Ranmic, It's just a way that the VA determines if your rating will be deemed as protected. There are a lot of factors that go into it, such as age, type of disability, disability percentage, service connection status, etc... When you reach a level of rating protection, the VA doesn't tend to come out and tell you. However, it is good to know about in cases where the VA might suddenly proposes to reduce a rating. They will send you a letter in writing and give you a certain amount of time to respond and explain why the rating should be continued. That doesn't mean they will get it right either. If they improperly reduce a rating, you can appeal via supplemental, HLR, or BVA just like anything else. It is definitely possible to fight an improper reduction (I have done this successfully). For example, after having the same percentage for 5 years, the VA should not attempt to reduce it unless there is evidence of sustained improvement. That does not tend to happen very often unless the veteran has surgery and/or significantly improves, and/or is cured. After 10 years, service connection should not be reduced unless there is evidence of fraud. After 20 years, the disability percentage of a specific disability cannot be reduced unless there is evidence of fraud. There is criteria where the VA is not supposed to request reduction which includes veterans 55 years old or older, TDIU, or P&T veterans. If your rating decision letter includes something like "your disability is not expected to improve", then that hints at some degree of rating protection. There's also some other criteria which would apply. Some decision letters might clearly indicate if another exam will be needed in the future. I had one like this which stated my rating is considered temporary because the VA expects me to improve in the future. They just brought me back in for another exam at a later date. If you request temporary convalescence of 100% due to surgery or other reasons, the VA does tend to indicate that your rating is temporary and bring you back in for an exam at some point later. Some VSO's might try to scare a veteran into not filing for new disabilities or requesting increases in existing disabilities. They might tell you that the VA might reduce you. Yes, it can happen, but the VA is supposed to evaluate based on facts and also factor in rating protections. Until a veteran reaches the 20 year protection or has protection for other reasons, the VA could always propose a reduction. Unless your decision letter stated it was temporary, is expected to improve, or a future exam may happen, I would not worry about it, per @GBArmy's advice.
    1 point
  8. Due to COVID-19 I am not familiar with what is going on. It has been several years but what I did was I called the DEERS program and all my information was in the system, even my dependents that I listed when I was in the military. For Questions About: - DoD Benefits and Entitlements - The data in your DEERS record - DMDC Applications or Websites Call the DMDC/DEERS Support Office (DSO): (800) 538-9552 Hours of Operation: 8:00 am - 8:00 pm Eastern Standard Time, Monday – Friday, excluding federal holidays. You can also write to us at: 400 Gigling Rd Seaside, CA 93955-6771 DMDC Information Fax Numbers: 800-336-4416 and 502-335-9980
    1 point
  9. IMHO, before you begin to think about an EED, make sure you review your C-file. Pay close attention to all the documents prior to the date of your original C & P exam and any contact that you had with VA and the VAMC. It possible, now don't quote me, but it is possible that a claim could have been filed on your behalf by a VAMC doctor or by you contacting the VA Regional Office. Only time will tell.
    1 point
  10. If they are VAMC records we’ll grab them automatically, though if you’ve gone to more than one vamc it helps if you tell us that. If they are private and you don’t tell us about them we don’t know about them. If you do, we’ll request them, but if you have them-vamc or private-it’s faster for you if you just upload that. c and p still uses dbq they just get updated every so often.
    1 point
  11. 1. Have you been receiving treatment for your PTSD? 2. The most common way to link sleep apnea to PTSD is through the PTSD causing obesity, then that obesity causes the sleep apnea. Even with an IMO it is still a difficult claim to win but not impossible. I am service connected sleep apnea secondary to MDD. It take a bit of a battle to get it though.
    1 point
  12. If they did not consider it, the rationale for the decision will not mention it at all. Do you have proof that you told them of the SSDI on the TDIU form? I asked this question many times here over the past years , with no answer - Does the VA still send a veteran an authorization form the vet must sign and return, in order to obtain SSA records? That authorization form, in the past, was part of a veteran's C file and proof that they should have gotten the records.
    1 point
  13. Ranmic No, not necessarily. Unless your C&P and/or other medical notes indicate that your knees should get better? Never hear of it and certainly not hearing getting better. Of course, if they get worse, you have every right to put in for an increase. That would trigger a new exam, more than likely. Don't worry about it.
    1 point
  14. I wish they would pass a law as to let all ssa retirees and ALL service connected disable veterans get a 50% discount on everything they have to BUY like buy clothes ,cars ,grocery's, medical bills and increase their monthly check by 50% we all might could make it better then,,, we are actually struggling to make ends meet on SSA and VA. HOUSE PAYMENTS AND CAR PAYMENTS ARE THE BIGGIE WE CAN BUY USED CLOTHES AT GOODWILL STORES BUT GETTING TO BUY NEW CLOTHES WOULD BE EVEN NICER AND HAVING TO WATCH OUR BUDGET BUYNG GROCERY'S
    1 point
  15. Broncovet I'd take your estimate. Heck, I'd take any increase over 0%! We should be getting a firmer estimate from the Feds sometime next month for sure.
    1 point
  16. As has been stated there are multiple ways of getting sleep apnea SC'd. Direct and secondary. It shoudl go without saying on these forum boards, but this is only my personal experience and not a absolute gospel truth on the subject. How to get OSA SC'd Direct: 1)If you have a OSA diagnosis in your service medical records it should be a pretty easy to service connect. If you have "sleep issues" or "lethargy" (tired during the day) in your med records with a good IMO you could make a good direct claim. 2) If you were diagnosed with OSA within one year of discharge the VA allows for direct service connection same as though you were diagnosed with it while you were still in uniform. Secondary: If like most vets you were diagnosed after you left service its a harder road to go down to get SC'd, but not impossible. you can get secondary for one of two reasons caused by or aggravated by. In the case of OSA in my experience its hard to find a SC'd condition you have that you can prove CAUSED OSA. Its not impossible, im not a doctor and i dont have all the knowledge of VA law/history to make that pronouncement. You can make a case perhaps relating to obesity if your medication causes weight gain or a mental condition causes binge eating but its a stretch. The way its most often SC'd secondary is aggravation. now my experience is with PTSD and i see youre SC'd for that as well. I made some crappy OSA claims in the past but this spring went about it the right way. I got my sworn statements together, along with my VA medical evidence showing a dx and cpap order and then got a IMO that showed my PTSD nightmares caused an aggravation of my symptoms by inhibiting the effectiveness of my CPAP. I rip off the mask at night, most of the time unkowingly and my nightmares cause me to have issues with keeping it on tight or on long. With all of this evidence I was able to get the trifecta. I had a current diagnosis, i had a SC'd disability and the IMO provided the nexus between them. I used Dr. Anaise and paid $1500 for it. yes its expensive, but you need to make that decision for yourself whether its worth it. add up what the backpay + monthly addition will be and see if its worth it to spend the money. Remember as well that if you were already denied OSA you can just do a Intent to file now and file later and get the backpay back to the ITF. youll need to file a Notice of Disagreement if your under a year from denial (and then youll get the backpay) and if youre over a year youll need to file a supplemental claim. if its over a year and youre going supplemental claim route youll need to have NEW evidence to submit which the IMO would fit the bill. if you just file a supplemental claim with no new evidence they likely wont consider it. The pain in the butt, backpay wise with the supplemental claim is that you need to have your evidence together when you send it in and youll only get retro back to the day that the claim was received. Hope that helps
    1 point
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