ArNG11

Buck I appreciate the sentiment. I can't do anything stupid or rather I won't, still have many fights and still have a family that needs me. Just extremely difficult at times. Fight on though.

I cannot phantom an attorney that would not go after this. If I were I would gladly take the case. I would like the fight. But I am neither an attorney nor an entity knowledgeable,versed, and functional enough to pursue a claim such as this. You have the elements for a good defense, my only suggestion is, don't go for CUE unless you absolutely have to. You will have a daisy of a time trying to win that way. Keep plugging away the way you are. Contact an attorney and get a professional medical opinion to line up your case and win that claim. Follow and heed to their advice. JMO Good luck, Fight till your last breath!

Wow. My private docs won't entertain a back stimulator. My docs states is would offer only some temporary relief. I feel for you folks. I'm on 20mg of oxycodone, 15mg of buprenorphine, with max dosage of two doses of lorzone and/or skelaxin and the pain is enough to drive me looney most days. Add a high dose of anti depressants and anti anxiety medications and still have hardly any relief. I can't give anyone a sure answer on how to deal with this as I myself, have extreme difficulty in dealing with the pain like you all. I understand. A multi discipline approach is all I can advise as that seems to be the most effective at providing some relief. It is exhausting to deal with every day, I know and concede to this fact. But if I may don't give up and don't let the pain and anguish own you. We....you are much stronger than you realize and we can and will endure. It's a mindset. Just My Opinion. Take it with a grain of salt. Good luck and Good fortune to us all.

It is the system my friend. It's geared to deny, under rate, under cut, and hurt the veteran. Why are there so many appeals going on then? It's not because the VA is following the regulations or the letter of the law. Knowing how to outflank your enemy is key. I hate to think of the VA as an enemy but really they have left me no choice. At least there are good people out there that still have some ethics and morals. Much like we were taught in service, core values, ethics, morality, hell I even go as far as to write being a decent human beings. It is what it is, frankly I don't want to understand it, I don't want to overanalyze this whole shin dig, I just want to be successful in obtaining was is due to me by regulation, law, and well rationalized untainted medical evidence. To be left in peace and to live out what I have left. I wish the same for all of us. I'll get off my rant, I'm no one special, just another Veteran trying to get help from Uncle Sam for the service I gave. Trying to help my fellow brethren do the same. Be truthful, dot your "i"s and cross your "t"s . Fight for your entitlements as I can confidently write, "We" have earned them. JMO

Buck you have the ResMed S9 right, or do you have a different machine? Don't recall if you had a Bi pap or more complex machine?

Funny my first exam the doc didn't even use a goiger gauge. He didn't even pull up anything on the computer. What even funnier is that he stated I had no curvature of the spine. I find it amusing. As I will be seeing the exact same doctor next week. These last 4 C&P's I have brought records with me every single time. Some looked at it and some ignored it completely. By X rays the curvature is bad any non medical personnel could see that. Anyways these are some of the things you have to deal with and know how to fight the BS.

Sweet information, I will put it to use. Thank you for posting the intel.

Nerves are shot, anxiety levels are high, in the short we all won't know anything until we get the decisions, thats the crappy part of the process. But as a smart man once reminded me "you can't shoot what you cannot see" It's agonizing I know, but patience. Slow is smooth, smooth is fast. Poof. Good fortune to all of us.

Not sure but I had a similar experience to this yesterday. A favorable exam at QTC? That's twice now, yet my claims still get lowballed or flat out denied. I have yet to receive the copies of the exam per my FOIA request. I want the written records. One of the exams I have recorded but I don't want to use that card unless I have no alternative. It's a bluff of sorts but if given the right circumstances I will use it to at least provoke a grant or at the very least a re do. Funny thing though, I have had appointments with two of the same docs that opined negatively when I had my initial claims back in 2012. So far my good experiences have been with QTC psych docs that have their own practice as well. The rest no dice. I won't mention my VAMC experience, that was irritating. Get treatment from the very same doc that denied and gave a negative opinion on my claim, yeah right, not me, not now, not ever. There was one part where the provider kept asking me what I think my treatment should be and where I should get it though. I found it odd somewhat even after him informing me that he was working on another thesis paper/study for PTSD vets. Been looking into his credentials a bit more. I'm paranoid and have reason to be, but somethings is off, and it's more than just my issues. No surprise that the VA didn't send everything to him either. Almost as bad as the access that the VA had given to my old attorney. Hmm.

Heh Buck, knew you would get through it fine. Just relax about the rest let the VA go through the motions now. With regards to the SD card. I would ask your provider (sleep clinic or sleep doctor) for it back. The SD card records telemetry of the machine,along with use, sleep events, apneatic events, pressures, and all that jazz. Once it was read they should have given it back to you, but I would ask for the card back. I kind of give this advice to everyone about the machine, keep the filters changed and use distilled water, it will help to keep the machine, functional and operational for a longer period of time. Without getting into the science of it, the machine will help with more than just the snoring, heart, respiratory rate, stress on the body and so forth. The CPAP helps all that and interconnected systems of the body. JMO

Thats the ticket folks. Positive thoughts for positive results.

willidx4 take it as good sign. I will let you know the VA will shop for drs to try to deny your case. But if you have strong evidence I would not worry until there is a reason to. I would suggest you do not worry about that for now. You can't really do anything about it until a decision is rendered. I would look at this as a positive sign. If you want to concentrate on something, concentrate on the fact that the Dr stated she "would recommend an increase". That is good news!

Ambien for sleep and Xanax for panic attacks.

Thanks bronco, I remember a few people posting the average wait times somewhere here by the regional office that was handling the claim. Not sure what the timeframes were with the way the VA is handling the backlog now.

Heh Fat did you send it by the way of Green Card Return Receipt? You can check the status via ebenefits or IRIS request if you didn't send it via green card.

Good for you Buck. Since the exam was done at the QTC, the only way to get a copy of that exam is after the decision has been made on that claim. VA paid for the exam do the records belong to them. Stupid yes I know but that is the way it is. Once you get the decision though make a FOIA request for that specific exam. I am in the hopes that you get service connected which is the main thing. See bud wasn't so bad was it. Good for you.

Id really like to try that again. The acupuncture for me gave me some relief but the VA would only allow so many sessions. On the private side I am allowed 10 acupuncture visits and 20 chiropractor visits. OKCVAMC would not approve that many. But I must state I was taking less pain pills when receiving those treatments. The points that were a little uncomfortable were the needles in the inner cartridge of the ear. Completely bare able though. Never had the opportunity to be treated with the oils though. Will definitely look into it again.

Prozac, bupropion, xanax and ambien as needed. Those are what have worked for me. Initially the VA only provided the prozac in the generic form of "fluoxetine" Vync is right on the money with his assessment. The VA is real hesitant in this neck of the woods about prescribing those. I hate to agree with the VA, but in this case it is warranted. Basically like Vync stated you do build up a resistance to the drug and it is habit forming as well. The key in my opinion is to follow your providers instructions and go with the lowest dose that controls your symptoms. A multi discipline approach with counseling, stress management techniques, medication, exercise, and meditation work, many times with high success rates. JMO

Wow this from the Waco office? Surprising but heh great news though.

Buck not to sound like a smart ass, but why give up BOD, it is a powerful regulation. With CUE, although a win is possible as long as you dot every "i" and cross every "t" you are held to a high hell of a standard with an organization that is a true manipulator of words and facts. Also why go for reconsideration if the claim is still alive in the appeals bracket? I will say as long as you still meet the appeals deadlines in all parts of the claim then I don't think it is impossible to get a favorable outcome. It may be that I'm putting too much faith in the favorable laws and regulations, but I think or at least believe sticking to the facts and the strengths of your medical evidence and medical opinions would be the course to stay on, especially if you have the regulations on your side. This is just my two cents though. There is a time to deploy this attack, however, if not needed why go there. Too soon may prove detrimental to a claim. Does that make sense?JMO

"Robbing Peter to pay Paul" It makes perfect sense. Thrown in how many claimants give up due to frustrations, health issues, and financial burdens to fight the injustice, I dare say it is a well constructed game.

§4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See §3.102 of this chapter. §4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned