john999

My CUE claim at the CAVC was assigned to Judge Hagel Jan. 8th, 2013. So, of course, I am checking the CAVC website every day lately since Judge Hagel has ruled on clalims he was assigned in March, April and even May of 2013 already. I swear I am not going to check on my claim again until my lawyer calls me. I have been reading rulings on many CAVC claims while checking for my own. What I can say is you better have a good lawyer and a good claim when you get to CAVC. These guys have no mercy. Claims that would really break your heart (such as claims by elderly vets and spouses) get short shrift. If you cannot prove it then it does not exist. If I had a claim today that I was sending to the BVA I would get a lawyer because if you fail at BVA and want to go to CAVC the lawyer can begin to shape the claim even at the BVA for an appeal to CAVC and beyond. VSO's and Pro Se vets don't do this because they don't know how or don't understand the rules. If you were arrested for DUI would you go to court without a lawyer? If you were in a divorce with property and children involved would you go to court with a legal expert help? It is the same at the VA. If IRS began investigating you would you just lay your head on the block and not get help from some legal eagle? Yet. vets with years of possible retro just trust the VA to do the right thing. John

The VA is spending billions on AO presumptives. You know they don't want to make that mistake again to admit something that might help vets.

If you can get IMO's/IME's to support your claims that would be great. Then file your claims. If denied I would hire a lawyer after I do my NOD. Don't waste time playing with the VARO.

Did you get Chapter 35 benefits? You know one thing to think about is that as long as you are alive your spouse and children probably have a decent income via your 100% rating. When you die if you have a survivor they would receive much less. Start planning for the future of your surviving spouse now. John

It means to me that the VARO should infer a claim for depression secondary to knee injury and start the claim process. If they don't I would file a claim myself using the evidence the BVA referred to in the decision. I would use the BVA decision as evidence for my depression claim. I would also go to a private shrink and get an IMO for depression secondary to your knee pain. John

I did contact Dr. Bash to see if there is any connection between DMII and OSA. If I am going to die in my sleep at least maybe I can get it SC'ed so my wife gets accrued benefit or something. I don't care that much about SCing my apnea, but I am angry and want to take it out on someone. I like to kick the VA about once a year for something on account of the way they treated me when I got out in 1971.

Johnjjr and all My nose just closes up due to collapse of my nasal passage much like when you suck too hard at a straw. The only thing that will fix the nose is he surgery if I go there. I do have complex sleep apnea some being central and some being OSA. I am trying to get off the clonazepam and my pain meds since I know they make it worse. Last night I tried the Resmed Quattro and when I got it tight enough to stop the major leaks it hurt so bad I ended up ripping it off. I used padding but that hurt the seal. I do use allergy pills to help get me sleepy. I sometimes fear that even if I get my nose fixed and all the rest I will still suffer from the apnea.

Thanks Vadds My private doctor who really is the most respected guy in sleep disorders in my area told me that even those who get special OSA surgery usually end up still using the mask. I have talked to pulmonologist, ENT, Psychiatrists and dentists about my problem. Everyone has an answer but I would like them to spill as little of my blood as possible. I did have surgery on my foot about 3 years ago. I developed a severe staff infection ten times worse than the conditon for which I had the operation. I came close to losing my foot. I am moving slowly when it comes to any doctor cutting on me again. John

My OSA worker at the DME is younger and is very slim. He says his OSA is due to TMJ. Seems like OSA can have many causes. In my case I don't really know how long I have had OSA but it was DX'ed in 2011 which woul be about 5 years after DMII dx. and PN dx. After I because P&T in 2002 I have gained some weight....about 25 lbs. I tried Resmed Quattro mask last night. Much leakage and pain. I am not the lonely little petunia in the onion patch since I know at least 50% of those with OSA abandone their CPAPs for one reason or another. I would say that cpap therapy is great birth control therapy. John

I have an appeal that will probably end up at federal court. The CAVC is whipping out decisions and I don't know how they do it. I see decisions my Judge Hagel made within the last 5 months that were assigned to him after my case was assigned to him. If you have a claim you believe in and can get a lawyer to believe in it then we must be prepared to go all the way if we live that long. John

The lawyers at CAVC said that before 1992 the VA did not have to list all the evidence they had so you cannot prove they did not consider every bit of evidence before them or even know what was before them. Also, when you can produce evidence the VA did not consider that was in their possession for you to win a CUE there must be no evidence in VA's decision that could make a different decision debatable. Like in my case where the VA has some shreds of notes and hospital records vs a complete medical report from my doctor on their own VA form that completely discusses my disability, its origins, the impact on my employability, dx, prognosis, nexus etc and social and occupational adjustment. The VA says it is still debatable that I got a 10% rating while excluding my doctor's report that said I was 100% disabled and had total impairment in social and occupational adjustment due to psychosis. The VA said I had slight impairment and my doctor says I have complete impairment in all areas. The VA says it is not undebatable that 10% was correct rating. I never got appeal rights and all that jazz back in 1973. They throw it in my face that I could have appealed this decision if I did not like it. I did not even know that I could and I was pretty much living on skid row and don't even remember events until I looked in my C-File and got that sinking feeling of hate that I feel for the way the VA treated me back in the day.

Appeal and get an IMO to counter this absurd denial! Nobody can separate PTSD from Bipolar since the symptoms are now co-morbid. Don't waste time getting that NOD in so you can get to appeals. Shop for an IMO in the meantime. I got a dumb denial something like that years ago when VA tried to say my medications for chronic pain were the reasons I lost my job at the post office. I was 70% and on SSD for SC condition. They are stalling. If you have a good IMO you could ask for reconsideration or a DRO Hearing before you go to BVA and wait three years.

While reading parts of the VBM on inferred claims for TDIU the VBM says that if the VA has any evidence that shows a vet has a disbility that makes employment difficult or impossible the VA should infer a claim for TDIU. They use the example of a vet with a skin condition of his feet that gives off an offensive oder. A VA social worker notes this condition and this is enough for inferred claim for TDIU.

I have serious professional help and I think they are letting me down with conflicting conclusions.

I use secure email via Myhealthyvet and that works pretty good. This is to talk to your doctor mostly. I do think person to person is best. If you can keep your anger under control there is always some clerk who can fix anything if they want to do it.

If your claim is at the BVA I don't think they will call back your C-File for a new claim. In my case I filed a new CUE claim while my older CUE claim was at the BVA. The VA granted the new CUE and the old one stayed on the docket. I just filed for increase for DMII and I have a CUE at the CAVC. The VA starts a temporary file for you in these cases since this happens all the time. I agree that you want to preserve your effective date. The VA and VSO's bluff about not filing new claims until your old appeals are done. This is just a way for them to reduce their workload. This is not in your best interests. John

The VA will deny a person who had a leg blown off in combat for PTSD, so they have no trouble denying a 20 year old or an 80 year old for TDIU P&T. I was 70% and on SSD and the VA denied me TDIU. I was over 50 and they granted TDIU and denied P&T. I had to fight for every thing I got via IMO's/IME's. You need to buy good medical opinions if you want a good result. You can imagine the VA does not want to grant TDIU P&T to a 22 year old because they will be paying for 60 years and longer perhaps.

To use nasal pillow I will need an operation on my nose....3 hour operation! The VA has actually tried to be helpful, but I know the gold standard is CPAP. My sleep is so disordered I often have to wait a long, long time to fall asleep, and having mask on my face while sleepless drives me nuts. I have been trying for 18 months to get this right. I use medicare and VA. Having high pressure makes it worse since stopping leaks and dealing with pressure sores from the mask (I have to get it tight to stop leakage) makes me dread putting it on at night. You about 50% of those who get CPAP use them after 6 months. It is just a pump with a hose and mask but it is not a custom fit. You get mask off the rack. If your face does not fit contours of the mask you have a problem. Phil Maybe you can PM me on how you are working your OSA claim. I have DMII also and now am on Formatin. PN makes it hard for me to walk and exercise. I really don't care much about any money. I am 60% for CAD. I am just afraid I am not going to wake up one morning soon. I was napping today and I was waking up every 15 minutes. I could tell I had stopped breathing. I was gasping a little bit. I have very low pulse so maybe that has saved me so far. I have no problem with CPAP as a concept. It is the reality that is driving me nuts. John

I am not sure I have much of a chance of ever getting SC'ed for OSA, but I did have a recent sleep study. I had 157 apneas and 115 partial apenas in 280 of sleep. My oxygen saturation fell to 70%. I am scared to close my eyes because the doctor has told me I have profound OSA and that I am going to die. The CPAP has not worked well for me. Now my DMII is getting worse. I am overweight 6'1"/ 240 lbs. I used dental device and provent with no result. What treatment options do I have that I don't know about? John

90% of a VA claim is just medical evidence. If you have evidence and nexus you are usually there.

Yes, age is not supposed to be a factor in SC, except when VA attempts to use it to show you are not SC but just victim of normal aging process. Get an IMO/IME. You cannot depend on a VA exam for SC.

Keep going to the VA and do file that depression claim. I know someone who had hearlng loss which lead to his losing his job and he had severe depression. Hearing loss is at least as bad as vision loss.

The thing to look for is if she says your bipolar is at least as likely as not aggravated or had its onset during your military service. If your pre-service exam did not mention a mental disorder you are presumed to be fit and healthy. People who have breakdowns after three years of service should be SC'ed. It is not like you were in for two weeks and it became obvious you had bipolar.

It does seem like 2 years is the magic time. I just sent in for increase in my DMII. By the time it is done I will be ready to send in another increase probably. I think my claim could be done in an hour but it will take a few years.

Good I think! Are you trying to get to 100%? You have plenty for TDIU as you know. John