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Fat

Senior Chief Petty Officer
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Fat last won the day on March 26

Fat had the most liked content!

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245 Excellent

About Fat

  • Rank
    E-8 Senior Chief Petty Officer

Profile Information

  • Location
    Washington, D.C.
  • Interests
    The Washington Football Club & Kentucky Wildcat Basketball

Previous Fields

  • Service Connected Disability
    50%

Recent Profile Visitors

2,192 profile views
  1. I agree its highly probable for a CUE. If a CUE is found and evidence was present in 2011 (not considered or located). To rate the issue from 2011 thru 2019, wouldn't the injury or sickness have to manifest to a ratable %. Otherwise, would it be service connected in 2011 with 0% rating.
  2. Thanks Asknod. File form 4138 (new and relevant material), include statement from doctor that CPAP is medically necessary, and allow benefit of the doubt doctrine to manifest. Good information, Myself, group members, and VSO don't see a CUE or legal issues (procedure). Veteran is 57 years old and willing to get it right.
  3. I incorrectly stated, It was denied a rating increase and now he is searching which path to go forward. Damn I'm getting old and confused at the same time. He was initially service connected and awarded 30% from the supplemental claim. He appealed in March/April 2020 to the BVA (NO FURTHER EVIDENCE). Denied the increase for 50 %. Myself and VSO dont see a CUE issue. I recommend a Supplemental claim with additional information. Sorry about the confusion.
  4. Ok, I am thoroughly confused. Veteran is looking for an increase from 30% to 50% for sleep apnea. The issue is at the BVA; however the veteran elected lane in which no further information would be sent. He submitted the appeal to the BVA in April 2020. The issue is before the Judge, but he thinks he might not have enough evidence to garner 50%. He is searching for the best route going forward. I advised the supplemental route with additional information. The CVAC wouldn't be the best route because there appears to be no CUE issues or legal questions re
  5. So you can File a supplemental claim with new evidence. This has to be within one year of the BVA decision. Right ???
  6. If you have an appeal at the BVA (rating increase for back) ; however the appeal was denied. What is the next step? CVAC ????? Supplemental Claim ????
  7. Rhinitis can be divided into allergic and non-allergic rhinitis. Rhinitis, particularly allergic rhinitis, has been shown to be associated with obstructive sleep apnea; a condition characterized by repetitive upper airway obstruction during sleep. Allergic rhinitis increases the risk of developing obstructive sleep apnea by two major mechanisms: 1) increase in airway resistance due to higher nasal resistance and 2) reduction in pharyngeal diameter from mouth breathing that moves the mandible inferiorly.
  8. Is the back issue documented in your service records? This is the first and most important hurdle to overcome. If it is documented, a current diagnosis (with limitations/residuals) is needed next. Last, a nexus statement or statement in the medical report about causation between in service incident/complaint and current diagnosis/residuals. Good luck....
  9. Don't give up, PAORET. Schedule an appointment and address the evidence they used to reduce. You need your psychiatrist to do an evaluation. Keep your appeal alive (file supplemental form within 365 day period from decision). The C&P exam offered a medical opinion of the disability residuals, status, and limitations. Every veteran isn't adapt to explaining physical status and limitations. Your psychiatrist whom has a dedicated workup history will offer the best summary of your current mental status and offer a professional opinion on your present and long term
  10. Everything looks good............ GOOD LUCK.
  11. Have a fun and relaxed summer BroncoVet. Thanks for great information. You are a treasure on Hadit.
  12. The issue of the exams should be simple. Qualified professional with expertise in the claimed area. In addition, all past and current medical information has to be present for correct conclusion. However, you get some C&P examiners whom are outstanding/ thorough and then some who aren't. Vets, try to make sure all paperwork (VA records or private medical records) are uploaded/scanned before the C&P.
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