John Royal

I was told by my VARO in Roanoke Virginia (5 hours from here) that my files are now located in Janesville Wisconsin, so I will not be able to request in person. Maybe can speak to one of the VSO Offices and speak to a MFIC (what is a MFIC), but I can call and hopefully discuss my situation over the phone. I am assuming that I have New and Material Evidence, as my SMR specifically states that I had mild OSA while on Active Duty and now I have moderate OSA that requires a CPAP (get machine this month), which to me says they either missed seeing that in my SMR or they disregarded it all together. I will research the VA Policy for New and Material Evidence received after Post Decision. Is there information on Hadit in regards to this or is it specifically on the VA website? Thanks for the guidance Gastone! JR

Thanks again! Do you know if a FOIA is required for my C-File?

Thanks for the guidance @broncovet! Since the 1 year appeal/NOD window ran out on 03/09/13, can I still do a NOD? @Gastone advised to forget about the to submit my compelling new & material Medical Evidence that was or wasn't viewed by the prior Claims Raters to my NEW FDC and then hopefully get the SA SC, then wait until I get (hope) the Award/Denial Letter, then file an EED for Retro $$ Thanks brother! I have a few other questions that I hope are not redundant and/or dumb questions. If I file the new FDC with the new/missing evidence, will I still have a new C&P exam? If I don't need a new C&P exam and I am providing them with the evidence, should I wait for my C-File? If so, do you know if I have to submit a FOIA Request in conjunction with the C-File Request? JR

Thanks for the guidance @broncovet! Since the 1 year Appeal/NOD window ran out on 03/09/13, can I still do a NOD? @Gastone advised to submit my compelling new & material Medical Evidence that was or wasn't viewed by the prior Claims Raters on a NEW FDC and then hopefully get the SA SC, then wait until I get an Award/Denial Letter, then file an EED for Retro $$ if I do get an award. Does anyone know if I have to submit a FOIA Request in conjunction with the C-File Request? JR

@broncovet - Any advice would be greatly appreciated. Would you also be willing to look at the Word Document I attached yesterday and provide any feedback. JR

Copy! Are you able/willing to look at my Word document and let me know your thoughts? JR

Thanks Buck! I was cutting excerpts from a pdf and that my be part of the issue also. Would you be willing to look at the Word attachment I posted yesterday? JR

Greetings everyone, This is from an ongoing post and I would appreciate any guidance based on the following: In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued. I tried inserting the cut and pasted info (see previous post), but I am unable to and I have put it into a Word document. If someone know how I can paste the excerpts here, please let me know. JR

@Buck52 - Any suggestions on how to get the information to show when I paste (CTRL V)?

Greetings everyone, In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued. I tried inserting the cut and pasted info (see previous post), but I am unable to and I have put it into a Word document. If someone know how I can paste the excerpts here, please let me know. 1 of 8 - 22 Apr 2011 - Copied from SMR 2 of 8 - 27 Apr 2011 - Copied from SMR 3 of 8 - 28 Oct 2011 - Copied from SMR 4 of 8 - 09 Mar 2012 - Copied from original disability claim (processed by BDD) 5 of 8 - 24 Jul 2012 - Copied from VA Consult Requests/Progress Notes 6 of 8 - 12 Apr 2016 - Copied from first sleep study with private practice (through Veterans Choice) 7 of 8 - Copied from second sleep study with same practice listed above. 8 of 8 - CPAP Order from same practice listed above. JR John Royal OSA Exerpts.docx

Greetings everyone, In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued. 1 of 8 - 22 Apr 2011 - Copied from SMR 2 of 8 - 27 Apr 2011 - Copied from SMR 3 of 8 - 28 Oct 2011 - Copied from SMR 4 of 8 - 09 Mar 2012 - Copied from original disability claim (processed by BDD) 5 of 8 - 24 Jul 2012 - Copied from VA Consult Requests/Progress Notes 6 of 8 - 12 Apr 2016 - Copied from first sleep study with private practice (through Veterans Choice) 7 of 8 - Copied from second sleep study with same practice listed above. 8 of 8 - CPAP Order from same practice listed above.

Pete, I am currently 20+20+10, so then is this correct? 20+20=36, then 36+10=46 and 46 being my combined rating. Shouldn't that put me at 50% rating? As you can see from my 1st attachment, I am currently at 40%. Just realized that the 10% for Sacroilittis was combined with the 20% rating for DDD. JR

Thanks for the guidance Buck52! I just got a call yesterday and will be getting my CPAP Machine issued on the 27th of this month. Next step....get everything in order to file for SC. I know that I need to submit a VA Form 3288 for the C-File. Do you have any guidance/or knowledge as to whether a FOIA Request is needed to request the C-FiIe. I have read numerous posts that say it is required. JR.

All, After a few phone calls to the Choice Program yesterday, I finally got additional visits with the civilian provider. I will be seeing them this morning to get the final paperwork to submit to my VA PCM so that I can get a prescription for the CPAP. JR

@Gastone - I have started an SA FDC on your EBenefits. I am filing as Direct SC and I have my SMR stating mild OSA, the original study confirming that and the most recent sleep study showing that it has progressed to moderate OSA and the need for a CPAP. @Wayne TX - Thanks for information! I will call the VA today to see what they tell me. Does the RX have to come from my VA PCM or can it come directly from the Provider that the VA sent me to? JR

Gastone, As of today, I have not filed a claim, as I am still waiting for additional visit to Civilian Provider to wrap up the Sleep Study. I assume it will take the Prosthetics Department at the VA some time to issue me the CPAP machine. I am very diligent and communicate regularly with my PCM through My HealtheVet and hope that will help speed the process along in getting one issued. I missed the NOD, like a dummy, as I was busy with my new career and other things. I have the VA Form 3288 filed out and based from posts that I read on here, I phrased the request for my C-FIle as follows: INFORMATION REQUESTED BLOCK: I am requesting a complete unredacted copy of all of my claim files: papers, digital media, and all artifacts which are now contained in my Compensation and Pension claim folder. PURPOSE FOR WHICH INFORMATION IS TO BE USED BLOCK: I need to review my entire claim file. JR

Thanks for the reply and information Andyman73! I hope you are right about the Golden Ticket. I have read many posts of the struggles of our other brother's/sister's and it is very sad, to say the least! Denial Reason: The evidence does not show a diagnosed disability. Explanation: The VA Medical opinion found no persistent disability. I was thinking of requesting my C-File, as I am very curious as to how/why they denied. Is there a way to request my C-File through eBenefits or do I just mail/fax it? JR

Thanks for both of your comments brothers! I am grateful for the advice/guidance and look forward to seeing what others have to say as well.

Greetings everyone! Seeking advice on how best to proceed with my Sleep Apnea Claim. I retired in 2011 after 21 1/2 years of Naval service and I am currently SC at 40%. I need advice on whether to appeal my Sleep Apnea Denial (VA letter dated 3/9/12) or to file a new claim, since the 1 year to appeal has come and gone. In July of 2012, I received Progress Notes (VISTA Electronic Medical Documentation) that stated a diagnosis of Sleep Apnea diagnosed while on Active Duty with a plan for Sleep Services Consult. I assume the Progress Notes that I have came from my SMR, which I located where it said I had Mild Obstructive Sleep Apnea and it is confirmed from the Sleep Study performed (referred by VA to Civilian Provider) on 1/7/2011. I just had another Sleep Study (referred by VA to Civilian Provider) in April of 2016 and the results are that I have Moderate Obstructive Sleep Apnea and need a CPAP (which the VA will issue - soon I hope, as I have been dealing the effects of OSA for years now). I used eBenefits to get myself to the 40% level and wanted advice on whether I should submit an Appeal or New Claim using eBenefits or via a DAV/American Legion etc. Very Respectfully, John Royal "JR" (USN Chief Petty Officer, Retired)