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About RockoRob

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  1. I thought I would revisit this post and update with the fact I won my appeal. The VLJ granted my service connection based on lay evidence the RO did not take into consideration, and the contradictory medical opinions between the C&P examiner and my primary care physician with the VA. Never give up the fight. Even when you are told numerous times to do so. VA Claim History:•04/2010 - Submitted Claim, quickly denied•10/2010 - Re-opened Claim with 3 Buddy letters,poor C&P..denied again•04/2012 - Re-opened through a VSO with two addition witness letters and a nexus letter from primary VA Doctor countering the C&P examiners opinion, denied again•02/2013 - Submitted NOD through new VSO, had a DRO review and another year later, another denial.•02/2015 - Submitted the appeal •03/2015 - Marked as “Received”•09/2015 - Marked as “Awaiting place on docket" “Awaiting docket number”•12/03/16 - Marked as “Awaiting place on docket” “Assigned a docket number”•03/28/2018 - Marked as “With Veterans Law Judge” *04/05/2018 - Marked as Administrative Case Processing*04/09/2018 - Pending Case Dispatch*4/19/2018 Appeal complete…Called RO, they told me VLJ Granted appeal, determined I had benefit of the doubt. Faxed in VA form 21-686c, (dependents).*4/23/2018 - Received official letter (granted appeal) from BVA in the mail.
  2. While I understand both replies speaking of "secondary to"that disnthappen, it is past the claim stage and now in the appeal stage of "awaiting place on docket". I dont think going back into it with a secondary to something else claim is a viable option at this point. Please correct me if I am wrong.
  3. I was diagnosed through va and use CPAP. The docs letter stated more likely than not started in service (dont have exact wording right now), but not tied secondary to anything.
  4. So to make a long story short, I was active duty since 1994 and medically discharged in 2005. Since around 99/2000 I have suffered from what I now know as sleep apnea. I was never tested for it during service, but I had no idea what the heck it even was. Only knew I was being woken up by my wife, and when in the field or deployment soldiers, because I would snore loud and then stop breathing. I placed an initial claim for this in 2010 after I had a surgery at the VA, and I was placed in the ICU due to low oxygen levels and having sleep apnea during surgery. 04/2010, I did the first claim on my own and it was quickly denied. 10/2010, I re-opened the claim with 3 buddy letters of soldiers who witnessed me in the same close sleeping questers during deployment, stop breathing. Had a C&P exam, with a doc who spent all of 3 minutes asking me directing questions. It too, was denied. 04/2012, I re-opended it again after I had my actual VA doc write me a nexus letter claiming it was "more likely than not" related to service and a new buddy letter from a service member who shared quarter with me in various units, and from my wife. It too, was denied. 02/13, I submitted the NOD, and had a DRO review, it too was denied. 02/15, I submitted the appeal, with the help of Military Order of the Purple heart. It was received 03/2015 and and it was been sitting since 09/2015 at "Awaiting place on docket" Anybody have this type of claim? Trying to use secondary evidence and Nexus letters because you have no service record of it? The advice I have been given depends on who I have asked. I have been told, I should have been awarded due to mixed views and having the benefit of the doubt. I have been told I have no chance without a record of it in service. I have been told it is just the process I have to go through, the VA denies denies denies and dwindles down the hopefuls to very few who will take it all the way through appeals. I have been told both do do a congressional investigation because it worked, and to not do a congressional because I will only provoke a quick "no" answer. I am hoping someone who has been in my shoes can tell me what they went through. I have no idea how long I will be in this appeal process, but I am now going on six years fighting this thing, although for the VA they only go back to the last time you re-opened so for them 4 years.
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