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Leon2015

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About Leon2015

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    E-3 Seaman

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  • Branch of Service
    Army

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  1. Would I be able to apply for SMC with the following disabilities: 70% PTSD 60% GERD 50% Sleep Apnea 30% Cervical DDD 20% Minor Cervical 10% Tinnitus 10% Plantar Fasc Feet 10% Lumbar back 10% Knee I'm newly 100% P&T, not working and homebound with approved SSDI Thanks in advance for any responses
  2. Buck thanks for chiming in, I'm still sitting at 90% as we speak....but my newly won APPEALS ratings for 20%, 30% (effective date 10/23/07) and Sleep Apnea 50% (effective date 03/24/14) should give me 100% P&T soon based on Ebennies. My PTSD 70% was awarded 2014, but with those back dated effective dates above, I shouldve had 100% the day of the PTSD was awarded in 2014 but I had the above items in appeal. Do I need to apply for SMC S or will it be awarded automatically? **The Sleep Apnea effective date comes after the date I reached 100%P&T(1/22/14 but based on my newly won back dated appeals above)
  3. I done that already, my specific question is about the Sleep Apnea effective date which come after my effective 100% 1/22/14, how will they handle the compensation for the Sleep Apnea?
  4. I'm currently 90% and I just won a long appeal. I'm confused on the compensation because one dates comes after a date where I wouldve been 100%. How do they compensate a won claim and the claimant is already 100%. Please below Currently 90% and won my appeal today: Appeal won today and effective: 10/23/2007 30% Cervical DDD 20% Right Upper Radiculopathy (Minor to cervical DDD above) Above appeal won today added with 70%PTSD put me over 100% 70% PTSD effective date 1/22/14 My PTSD on1/22/14 is the past date that gives me over 100% P&T based on my the appeals I won today, so how does compensation work for the Sleep Apnea below because it came after 1/22/14 in which I was already 100% Sleep Apnea appeal won today and effective date: 03/24/2014 (How do they compensate for me this, the effective date occurred after I was already 100%P&T 50% Sleep Apnea
  5. I been housebound for 4 years and no work
  6. 1) I been reading many things on SMC but I'm still confused so I will just lay my disabilities and hopefully someone can tell me if I initially qualify: 100% Overall Disability Rating 70%Mental Health (MDD) 60% GERD 50% Sleep Apnea and few other lower rated disabilities 2) Second question I read that the VA will automatically implement a SMC rating is you qualify, how true is this? Will I need to initiate the process if I qualify Thanks in advance
  7. Berta, thanks for your information it is very helpful. Hopefully they will look at all my evidence at the BVA. I just call this morning and the BVA received my file from RO on April 6. How much time do you think I have before they make an determination on my case?
  8. I originally put in a Sleep Apnea claim all the way back in 2007 secondary to GERD. This claim was denied all the way to CAVC and Aug 2016 it was remanded back to AMC. Since the initial claim I went from 10% GERD to 60% GERD and gained 70%MDDepression. Since I was allowed to add in additional information my VSO also added in secondary 70% mental health in addition to GERD=Sleep Apnea secondary to GERD/and or MDD basically. **Update** New info: At this stage I decided to get an IMO done stating my case for Sleep Apnea secondary to GERD/MDD/Tinnitus. The IMO was submitted as additional evidence last week. I had my Comp and Pen on March 21, 2007 and I just received SSOC April 16, 2017 stating that I'm denied and they will be sending my file to the BVA for a final determination. I have 30 days to submit for evidence. I'm not sure what to do at this point to try and win my case. Should I just wait on the BVA to make a decision on the RO remand denial? In the SSOC they did not list all the evidence that I submitted over the years. I will make this known to my VSO this week. Can you please give me some advice. Thank you!
  9. I have letter from my VA Psychiatrist diagnosing PTSD and it mention all throughout my VA records since 2014. No claim for it because I'm 70%MDD.
  10. Wow I didn't know I was suppose to have a experienced person working on my remand. Ok. Current combined rating of 90% SC. Here is the Docket# Case Number:15-885 I'll update some more the timeline tomorrow but most of the info is in the docket case file.
  11. Gastone, please keep in mind that is this claim is for secondary/and or aggravation to GERD and MDD. My SA claim is been ongoing since 2007, it went all the way to CAVC and now back to AMC for this current C&P. Since this appeal started I have been approved 60% for GERD and 70% for MDD with diagnosis a for PTSD all through out my VA records. The examiner wasn't a doctor it was Nurse Practitioner who was there just for paperwork. He just ask me a few questions at the C&P. I know in order to win I will need a IMO. I have that in the works too and will be submitting this week. I'm not sure if this DBQ from the NP helps me at all?
  12. Hello guys, please let me know what you think about my Sleep Apnea DBQ, hopefully this is enough to get my service connected? 30% or 50%? Sleep Apnea Disability Benefits Questionnaire Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 1. Diagnosis ------------ Does the Veteran have or has he/she ever had sleep apnea? [X] Yes [ ] No [X] Obstructive ICD code: G47.33 Date of diagnosis: 03/24/2014 2. Medical history ------------------ a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary): The veteran is claiming a service connection for obstructive sleep apnea (OSA). The veteran was first diagnosed with mild OSA in March, 2014 after completing a home sleep study while he was residing in CA. He reports using CPAP since being diagnosed and was seen 02/02/2017 by a physician from the Pulmonary & Sleep Specialists Please note, the veteran brought a copy of this Office Consultation Note to this C&P appointment/examination; I requested that he submit this to the RO. As per the 02/02/2017 Office Consultation Note, and by the veteran's own self report he continues to experience the following symptoms: morning headaches, excessive daytime sleepiness, weight gain that he attributes to the medications he is prescribed and taking for PTSD and depression. Other symptoms that the veteran endorses and that are not listed on the 02/02/2017 Office Consultation Note include: "choking and gasping during sleep, waking up with a dry mouth or sore throat, hoarseness in voice/throat, restless/fitful sleep, insomnia and waking up during the night, going to the bathroom frequently during the night, waking up feeling out of breath". As per this 02/02/2017 physician's note, "His weight gain appears to be worsening his sleep apnea. He has gained over 20 pounds...IMPRESSION: 1. Obstructive sleep apnea by history, worsening with increasing weight gain, may be related to some of his medications that he is taking for his chest pain. 2. PTSD. 3. Depression. 4. Increased weight." Of note, the veteran's weight recorded in CPRS 03/17/2014 was 198.6 lbs. On 03/13/2017, the veteran's weight is recorded as 201.0 lbs. b. Is continuous medication required for control of a sleep disorder condition? [X] Yes [ ] No If yes, list only those medications required for the Veteran's sleep disorder condition: Mirtazipine 30 mg qhs for sleep. c. Does the Veteran require the use of a breathing assistance device? [ ] Yes [X] No d. Does the Veteran require the use of a continuous positive airway pressure (CPAP) machine? [X] Yes [ ] No 3. Findings, signs and symptoms ------------------------------- Does the Veteran currently have any findings, signs or symptoms attributable to sleep apnea? [X] Yes [ ] No If yes, check all that apply: [X] Persistent daytime hypersomnolence [X] Other, describe: SEE MEDICAL HISTORY 4. Other pertinent physical findings, complications, conditions, signs, symptoms and scars ----------------------------------------------------------------------- a. Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above? [ ] Yes [X] No b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis Section above? [ ] Yes [X] No c. Comments, if any: No response provided. 5. Diagnostic testing --------------------- a. Has a sleep study been performed? [X] Yes [ ] No If yes, does the Veteran have documented sleep disorder breathing? [X] Yes [ ] No Date of sleep study: 03/18/2014 Facility where sleep study performed, if known: San Diego Results: Home sleep recording performed using the Carefusion T3 System. IMPRESSION: Mild obstructive sleep apnea. b. Are there any other significant diagnostic test findings and/or results? [ ] Yes [X] No 6. Functional impact -------------------- Does the Veteran's sleep apnea impact his or her ability to work? [ ] Yes [X] No
  13. BroncoVet....thanks for you input. I'm onboard with everything you wrote! *The VA basically gave me a nexus for insomnia (written language in my appeal) but not for Sleep Apnea which is what my claim is for. My claim is for Sleep Apnea secondary to GERD and MDD/PTSD. I don't have my Comp and Pen results yet so I was trying to decide whether to submit an IMO with my claim prior to approval/disapproval or after as a appeal. I basically want to win at this stage with out doing an another appeal. It has already been 10 years since my original claim. I'm trying to win now!
  14. Fellow Veterans, Please point me in the right direction if possible. I have respiratory/Sleep Apnea claim back to 2007. In 2012 in response to my appeal the VA sent my C&P appt to my previous address and I never made to the appt, so they made a decision with out my C&P exam and I was denied. I appealed this all the way to CAVC and won a remand back to AMC. Well almost 10 years later I'm finally getting my C&P for Sleep Apnea. During this long awaiting period I gained 60% GERD and 70% Major Depression/PTSD and I able to use this as additional evidence. My main question is should I fight with the ammunition (Sleep Study, CPAP, Nexus for Insomnia already acknowledged by VA, Basic Letter from Sleep Doctor) in my file and wait to see what the C&P results are or should add in a IMO from a accredited doctor prior the decision or fight with the IMO letter after the results? I need input ASAP, my C&P is tomorrow. Thanks guys
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