chief5631

I'm sorry if that came out wrong but I did officially appeal the denied claim of sleep apnea. But the only additional evidence between the original claim and the appeal is a lay statement from my wife, which in my opinion isn't going to fly. The VSO said instead of me trying to get a strong nexus letter right now and submitting it to further back up this appeal that he would see what the VA decides first in the appeal. But I'll be working on a strong nexus.

I meant little compared to all the vets getting wronged...but you're right it seems like the VSO's are getting paid by the VA to stop our claims...I'll stay on this website forever now and learn as much as I can and keep going and will keep all updated...and maybe one day I'll be able to help with the knowledge I gained here. Thanks to all!

This def does help and I didn't take it the wrong way at all. Thanks for spending so much time on my one little problem!

I have a question about the VA admin section...I use a VSO that's assigned to an organization. Those people do not work with the VA correct? What I'm getting at since I am being steered so wrongly by every VSO I come in contact with can't I just deal with the true VA personnel? Am I making sense and with your experience and you obv have a lot what do you think?

I see. You sure are a wealth of info. I apologize for really not knowing much and at first it didn't seem like there was a lot to know but understanding every aspect of the VA Claims process should be bachelors degree material. Using your statement above in my situation they will still probably deny the appeal because the bottom line is there is not one thing in my records stating that I had trouble sleeping right? Well there was one time my SMR said I had sleeping problems but it was related to my back problems at the time. I think you're also saying to keep pressing with a nexus letter and trying to connect if I can as well right?

Thanks to the both of you. With or without the 4.1% bilaterals the overall is the same but I'd guess there be cases where it would notch up another 10% overall

I have 13 ratings at 10% apiece and one at 60%, so how does that equate? I sure appreciate your time and help

VA shows 4.1% bilateral factor for 5 diff codes at 10% each, still a bit confused. Is there a calculator that figures this?

does having a bilateral factor rating increase the overall rating?

is there an way to reopen and submit new using ebenefits? I don't have good experience with the VSOs here

another question...same subject. My VSO said today that he would let the appeal ride until they make a decision and we all know that could be between now and 2-3 years from now. Problem is a different VSO (same office) said to appeal it without tying it to anything that is SC or that is in my active records. He had me originally claim it as primary. Right now I'm in the process/mode of obtaining a strong nexus letter to connect it to a SC condition, but he stated problem is since the claim/appeal wasn't originally claimed as "secondary", they won't even entertain it. This is a diff VSO that steered me wrong earlier. The way I see it is if I let it ride and get turned down I'll have to start a brand new claim all over again for sleep apnea actually connected to another SC condition. this is confusing the hell out of me. I also probably didn't make a damn bit of sense for any one reading this either, sorry, but here it is

wow, seems like it should always be available on ebenefits etc. I guess I'll start the process of getting it

Does any one know if a c-file can be requested from ebenefits or another website or do we have to actually go to the VA to obtain?

Thanks to all for your help, I truly appreciate your time

anyway this is the new evidence I have: "Urinary and fecal incontinence: Pt is presented as a consult for urinary incontinence. He had a L5-S1 discectomy in 2002 and subsequently developed fecal incontinence followed shortly thereafter by urinary incontinence. He saw Dr. XXX at XXX hospital who tried biophysical feedback which was unsuccessful. For his voiding, he feels the urge to urinate and can urinate with strong stream. In between voids, leaks urine. He is generally unaware of his leakage. He uses 6 pads per day (for fecal issues as well). Very little incontinence at night but some present. No UTIs. He is taking tamsulosin which he says helps his incontinence. Pt is a 57 y.o male with fecal and urinary incontinence related to spinal surgery - Discussed with the patient that the interstim may be helpful for both fecal and urinary incontinence. He would like to pursue this option. Will discuss with Dr. XXX to determine if patient would be good interstim candidate. Do you think this is strong enough?

is it ok to post what my urologist said so you can review for yourself to see if it's strong enough?

since I had this type of negative experience with VSOs, is this possible to do on ebenefits??

broncovet, I did not formally appeal yet, so whats your advice? Same as pete992 said, new claim ?

Thanks so trying to understand, I don't want to appeal the urinary because that process takes too long? The date on that denied claim was Sep 2015, not not too long ago. And should it be a FDC? although don't think that system works anyway? So there's only 2 options, appeal or start a new claim? There's no such thing as just supplying more evidence to a recent denial and walla?

I filed a claim for urinary incontinence. I was then scheduled for a C & P to discuss and sounds as though he was positive about it, but I guess they all seem that way while you're there. I claimed it as secondary to " post operative residuals, discectomy of lumbar spine, with degenerative joint disease of thoracic spine", which is currently at 10% right now. In 2011 I claimed fecal incontinence as secondary to the same SC condition, but the only diff was I had a note in my records that the fecal doc said it was more than likely from the disectomy so there was no problem granting SC for fecal. But no note (really didn't think I needed one since it was so obvious) from any doc on the urinary claim so they turned it down. The doctor said he could only "speculate" it was from the disectomy. I though benefit of the doubt but guess not...sorry I didn't explain that better the first time and hope I did a better job this time. I sure appreciate your help because 2 VSOs in the same office told me I would def get it by doing it this way.

But the original date won't be the same m? And I'll lose all that time?

I was able to get off bp meds because of weight loss

I retired on June 1, 2005, reported to PCM in June 2006 about daytime sleepiness and sent for a sleep study to a civilian doc and he diagnosed OSA. I went straight to the VA and obtained a cpap and been on it ever since. I'll never understand why it needs to be connected to something else when my doc wrote a letter stating "it started when I was active duty". I mean any higher ranking NCO or officer that is proud of his/her service damn sure isn't going to report they are tired during the day and get medically booted for OSA

I am already service connected for fecal incontinence for a discectomy I had in service. This was in 2011. When I walked into the C&P docs office, he stated this was a no-brainer so I was automatically assigned a 60% rating. well now urinary incont just started (actually started years ago), so I sent in a claim and doc said he couldn't connect it to anything in my records...completely nuts, so I had to waste my time and the VA urologists time, anyway there is now a note in my VA medical records that states "urinary incontinence is related to spinal surgery he had in service". 2 questions, is that sentence good enough? and do I start another claim with new evidence or how to I reopen this one? Thanks!

Yes the VA knows, and the new OSA criteria was supposed to change Jan 1, but obviously still hasn't. Does any one know what ratings, if any the VA not allowed/normally don't change or downgrade? I'm SC for about 4 diff bone fracture for degenerative etc and those will only get worse.