Fearless

Had a C&P for ED lat month. I was only asked questions.

I had a C&P exam last month for ED. I submitted a claim for ED secondary to depression on ebennies. The exam was just a bunch of questions.

Status on my c file request: Submitted: 01/29/2018 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 05/28/2018 - 07/28/2018

My VA psychiatrist diagnosed me depression and an anxiety disorder. This is the diagnosis in my medical file: ASSESSMENT//DSM V Diagnosis: 1. Major Depression, recurrent 2. Unspecified anxiety disorder The va rated me 50% for: unspecified depressive disorder (claimed as dsythymia, anxiety) Edit: Sorry. I found this https://www.hillandponton.com/the-vas-rule-against-pyramiding/amp/

I recently had a sleep study done through my insurance; I was diagnosed with hypersomnia (diagnosis code G47.10). Neither OSA nor narcolepsy was observed in this test. The doctor opined that the hypersomnia was caused by my depression (which is service connected). Last year the VA gave me a sleep study test, and I was diagnosed with OSA. I am not service connected, but this is a pending appeal. Would filing a claim for hypersomnia hurt my appeal for OSA if I were to use this test as evidence?

I called the VA to dispute this, but the person on the phone told me I only had 60 days to submit form 9 because they mailed me the SOC. The appeal was completed on Nov 28, 2017. Did I misunderstood the instructions on Form 9? 4. HOW LONG DO I HAVE TO COMPLETE THIS FORM AND FILE IT? Under current law, there are three different ways to calculate how much time you have to complete and file this form. The one that applies to you is the one that gives you the most time: (a) You have one year from the day your local VA office mailed you the notice of the decision you are appealing. (b) You have 60 days from the day that your local VA office mailed you the SOC. (c) Your local VA office may have sent you an update to the SOC, called a "Supplemental Statement of the Case" (SSOC). If that SSOC was provided to you in response to evidence you or your representative submitted within the one-year period described in paragraph 4(a) of these instructions, above, and if you have not already filed this form, then you have at least 60 days from the time your local VA office mailed you the SSOC to file it even though the one-year period has already expired. See 38 C.F.R. 20.302(b)(2).

Thank-you for the swift reply Buck52 and broncovet.

I was denied sleep apnea secondary to gerd, rated 0%, twice. I would like to know if I can file a new claim for sleep apnea secondary to depression--rated 50%-- or sleep apnea by itself. I am currently waiting on my C file to have an IMO/IME perform. What do you all think I should do? Thank-you, Fearless

Hello everyone. I have received my SOC in a BBE today. My mood disorder was increased from 30% to 50%, but the sleep apnea was still denied. I currently have the following disabilities: mixed tension type and vascular headaches (claimed as migraine headaches) 0% Service Connected gastroesophageal reflux disease GERD 0% Service Connected right (dominant) wrist ganglion cyst 0% Not Service Connected bilateral flat feet 30% unspecified depressive disorder (claimed as dysthymia, anxiety, insomnia) 50% Total combined disability increased from 50% to 70% Appeal length- 8 months DRO Houston, TX I am still waiting on my C file to have an IMO perform. Dec 2, 2017, ebenefit updated total rating and letters Dec 6, 2017, retro pay of 70% from the initial claim

Hello everyone. My ebenefits appeal has been updated to; appeal pending - statement of the case (SOC). I called the VA 1 800 number to confirm this, and was told that they sent a SOC today and I should receive it within ten days. My disability percentage is still the same on ebenies; so I assume my appeal has been denied. I was not called in for any exams or new medical evidence; my vso told me to hold off until they asked for it. It has been 8 months, 253 days, since my NOD was filed. I will update everyone once my SOC has been received.

Hello brokensoldier244th, Thank-you for the feedback earlier. I called the VA 1-800 number to schedule an appointment with my RO to view my claims file, and was told that I can go to my RO and they would print me a copy of my C file. When I get there I was told otherwise. I just want to make sure I am not being duped.

I went to the regional office and asked to see my c-file, but they told me they did not have it. I had to fill out a form requesting my file from St.Louis, and the only thing he told me was that they would mail me a copy of my file on a CD. How long is this going to take? Is the RO lying about not having my C file?

My tongue is large and the pulmonologist said that contributes to my OSA. I have requested my C-files from the VA and will post back if I find anything interesting. I will also let the community know how the appeal went in the coming years. I found this portion of sleep apnea in my C&P: DBQ RESP Sleep apnea: Please review the Veteran's electronic folder in VBMS and state that it was reviewed in your report. A sleep study has not been performed on the Veteran. If the evidence indicates a diagnosis of sleep apnea, please complete a sleep study to confirm this diagnosis. MEDICAL OPINION REQUEST TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection. OPINION REQUESTED: Secondary Service Connection. Is the Veteran's sleep apnea at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD? The rest of the C&P just talks about me not being DX'd with OSA before I was even seen and DX'd with OSA.

SA denial explanation: Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for sleep apnea secondary to GERD is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed. The Decision was made a month before I was diagnosed with OSA. Just found an old post of a vet getting approved SA secondary to gerd 0%: I plan on seeing the sleep specialist to get a nexus written up. Maybe I could get it secondary to my depression.

I spoke with the Texas Veterans Commission, and was told that they are working on appeals from June 2014. At least I know my appeal won't be looked at any time soon.