allansc2005

Buck, it's a first time claim. And of course once it's won, we will go back and secondary it with other conditions such as heart disease, high blood pressure, etc., which the veteran also suffers from. As you know, secondary conditions can be a little tricky, so we will let the "experts" handle it after the sleep apnea case is won, and of course, we will always be on the look out for SMCs. Allan 2-2-0 HUAH!

Buck, it's too late. The rep already filed the case yesterday, and under the new 30 day program, we'll see how the dice fall next month. Thanks for your input. Allan 2-2-0 HUAH!

Hamslice, bronco, Berta... Because of the complexity of Sleep Apnea claims, and considering the WELL documented Nexus letter, DBQ..the veteran obtained, we were advised not to submit any buddy letters with this claim. Yesterday, I located an entrance exam for the veteran dated 1974 showing the veteran suffered from "mild sleep insomnia", and since there was no waiver required for the veteran to enlist because of the insomnia, then by law the condition is considered "service connected". This looks like a rare sleep apnea case on the fringes of being won. Thanks all for the input, comments, suggestions. Allan 2-2-0 HUAH!

broncovet, Yes, but it's my understanding that once you're considered "fit for duty", any and all medical conditions you have, be it sinus conditions, acne..etc., are the responsibility of the military, and finally VA to treat and accept as service connected. Allan 2-2-0 HUAH!

UPDATE: Just located an entrance exam that states "Service member suffers from mild sleep insomnia" So it looks like the veteran has all 3 components of the Caluza Triangle Event: Medical diagnosis-Severe Obstructive Sleep Apnea. Nexus and DBQ with a "more likely than not" connection to military service. In service medical record that has at least an indicator-sleep insomnia, that can be associated with sleep apnea. Am I missing anything guys? Thanks. Allan 2-2-0 HUAH!

Berta, et al.. As my original post stated, this veteran has only a partial C file, with much medical documentation missing. The Ph.D. who wrote his Nexus letter and DBQ, is a licensed Board Certified sleep specialist, with a practice in San Diego. So part of the Caluza Triangle Event is missing here, the active duty medical records that would show some possible early sign of sleep apnea. Also, these guys who were stationed with the veteran aren't exactly the sharpest knives in the drawer, so to speak. Allan 2-2-0 HUAH!

Got a veteran who is filing for SC sleep apnea. He's already had his sleep study done, diagnosis is "Severe Obstructive Sleep Apnea" Vet also has a VERY well written Nexus letter and DBQ from a prominent sleep study professional, which includes the famous "more likely than not" entry that connects his sleep apnea to active duty. The sleep study professional IS NOT a VA employee, and is a Ph.D., NOT an MD. Considering the veteran has the Nexus letter and DBQ, are buddy letters really necessary since they actually had little contact with the veteran while they were in the same unit for a SHORT period of time? Will the fact that the sleep study professional is NOT an MD also hurt the veteran's claim? As a footnote, this is a veteran who's ENTIRE C file, including all sleeves, is only a few pages long, and doesn't shed light on ANY early indicators of sleep apnea, i.e., snoring, coughs, frequent colds....ZERO ZILCH. Comments, opinions, questions..? Thanks, Allan 2-2-0 HUAH!

Lance, also your DAV rep should be able to pull up an "unofficial" copy of your award, though some states don't allow it. I won my TDIU P&T case this January, and in March my American Legion rep gave me my unofficial copy. It won't hurt to try, might ease your mind a little. Allan 2-2-0 HUAH!

Lance, also remember that if you have 25k+ retro, it can take awhile to hit your bank. Also, the minute you get your official TDIU letter, log onto your ebenefits page and download the form to get your ID card. Don't wait for the VA to send you the form, you will be waiting forever. Congrats! Allan 2-2-0 HUAH!

Lance, I'm not quite sure that your NOD/CUE is written in such a manner as to getting the VA's attention on what you're asking for. CUE's are VERY tricky, and require certain paragraphs to be included which entails what may occur should the VA grant or deny your claim. November, 2016, Berta here in the Forum helped me compile a CUE that knocked the DRO's socks off, and got me approved on the spot at the DRO hearing. I HIGHLY suggest you get Berta's opinion and input concerning your case BEFORE you file a CUE. Also keep in mind, with CUE's, you have ONE shot to win your case, there are no second chances, no appeals...should your CUE be denied. Allan 2-2-0 HUAH!

dsd, as a footnote while you're waiting for your IU retro, take note that if you are expecting more than 25K in retro-back pay, you're looking at 2-3 months before the retro will hit your bank. Reason being is because there is a "three signature" rule when it comes to retros 25k and up, in other words, your case has to be reviewed by 3 different offices, and signed off on BEFORE your retro will be released. Just a friendly FYI. Allan 2-2-0 HUAH!

Lance, you're quite welcome. Please be sure to tell your friends about us here. Allan 2-2-0 HUAH!

Lance. as a follow-up to Gastone's post, IF you do find it necessary to find a rep to fight the BVA, stay the H-E double hockey stick away from Rep For Vets! You'll be Rumple Stilt skin by the time Rep For Vets drags your case out! Allan 2-2-0 HUAH!

Lance, I was awarded *P&T IU this past January , however, it didn't show up on my E benefits page until late March. So I think what you have here is an approval for IU, but it takes a few months for everything to come together. Also, give it a few weeks, and I'm sure the DAV will have an IU approval letter on file, though it's not official. Some DAV's/American Legion offices will show you the approval letter, and some won't. Allan 2-2-0 HUAH! *Hats off to Berta!

Lance, without sounding funny here, have you looked at your E benefits page lately? If not, I would take a look at it ASAP and see if the IU has shown up. If not, log on every few days or so and you might be surprised. As a footnote, and I learned this the hard way, if you do in fact have IU and are expecting OVER 25k in retro, be advised that there is a "three signature" process that has to take place BEFORE you will get the retro, so expect a 2-3 month delay before getting retro. Nothing you can do about it, but get on with your life. Allan 2-2-0 HUAH!

Lance, take the letter to either your State VA office, or a local County VA office and have them look at it, and give you an opinion. I had something similar to this happen to me back in January, and I went to my State VA office, and they cleared it up right away. Allan 2-2-0 HUAH!

@L, I don't worry about the things I ask about here, I ask questions to get answers from those who have the experience and know how to give me the right answers. There are "Worry" Forums all over the internet, I'm not a member of any of them. My "perspective" here has always been to seek advice, educate myself and others, toward a common goal, and that's to fight the VA for every damn thing that's owed to Veterans, nothing more, nothing less, MINUS the worries. Allan 2-2-0 HUAH!

Bronco, hate to beat this thing to death, but when does this "5-10-20" year rule begin? In other words, me for example, I'm P&T IU, and have conditions that are included in the IU that date back to 1990, and those conditions have SC worsened over the years. Does the VA go back from the start of the conditions-1990, or the last date the conditions were SC increased when considering a reduction? Allan 2-2-0 HUAH!

Bronco, I think the "basic rules" for reductions have been posted here before, visa vive Berta, but could you give us a general rule-of-thumb when it comes to reductions? In other words, If "Joe Veteran" has say a SC back condition more than 10 years, is he safe from reductions? 5-10-20 year rules concerning the matter? Thanks, Allan 2-2-0 HUAH!

Buck, I think we are not communicating well here. The veteran already has SC for tinnitus, which was made without medical records, but was linked because the vet's 201 file shows he worked in a loud environment. So the Nexus has been established, and wouldn't the veteran just need to file the vertigo as a secondary condition after he get's an actual diagnosis for vertigo? My understanding is that vertigo is a subjective condition which really doesn't have any kind of testing? Allan 2-2-0 HUAH!

bronco, I never mentioned that the veteran(not me) was awarded 10% SC without active duty medical records. Will the veteran need a Nexus letter considering he's already SC for tinnitus, and that tinnitus and vertigo basically go hand-in-hand? Allan 2-2-0 HUAH!

Buck and Bronco, we've already been down this road. His C-File came with his active duty records, including all 3 sleeves. We've done all the searching that Berta, Asknod, Chris Attig...have suggested, to no avail. Here is what we have: Vet was awarded 10% tinnitus based on the JOB he had in the army and a C&P exam. That's a done deal. Here's what we don't have: ANY active duty medical records that pertains in ANY way to tinnitus, vertigo, inner or middle ear diseases... Allan 2-2-0 HUAH!

Buck I think I mentioned that the veteran, based on his job in the army, was awarded 10% for tinnitus, even though he has no active duty medical records. I agree he needs buddy letters and a Nexus letter, but will it be enough to win a vertigo claim? Also, considering he already has SC for tinnitus, would he even need a Nexus letter for vertigo as well, considering they both basically go hand-in-hand? Allan 2-2-0 HUAH!

bleggett29, no, the only active duty medical information is what I posted here. It's quite obvious that there are a lot of medical records missing from his file, and it's my understanding that sometimes, this can be to the vet's advantage. I know there are some provisions for missing records, and veterans have won cases without them, but just don't know the details. Allan 2-2-0 HUAH!

bronco, first let me say that we have the veteran's C-File, along with the right, middle and left sleeves, and we also have checked with ALL the VA hospitals, army clinics, army hospitals...associated with the veteran from his short active duty time of 3 years. The ONLY piece of active duty medical record we have from the C-File is an Entrance and Exit medical questionnaire, one report of sinus problems, one report of high blood pressure, and that's it. Secondly bronco, I do know better than to take some VA employee's or VSO's word as written in stone-been there, done that..learned from you So, having said that, and knowing there are no other active duty medical records available, how do we attack the vertigo issue? Allan 2-2-0 HUAH!