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About Fearless

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    E-3 Seaman

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  1. Fearless

    Claimed Denied

    Non combat OEF/OIF Vet checking in. I was in the 82nd. I have been out for 2 years, and I still feel embarrassed (I know I shouldn't). Deployment is seen as a rite of passage (at least in my unit). A vet shares his story on the subject here: https://taskandpurpose.com/how-i-let-go-of-the-embarrassment-i-felt-for-having-never-served-in-combat/
  2. I had my second c&p exam for SA. Showed up with my cpap, dx report, and list of past/present medication. I have a good feeling about this. I will let you all know the results of my claim.
  3. The VA has scheduled me for DBQ sleep apnea + DBQ med opinion. I am thinking of showing up with my OSA dx report and the cpap that they gave me. Maybe this is a good sign.
  4. This was a DIY on eben.
  5. I can not remember why. It may have been procrastination.
  6. I was browsing my C file and found the denial statement from the dro. Review of your service treatment records are negative for any complaints, treatment or diagnoses for sleep apnea, there is no medical evidence of the claimed condition during service; no medical evidence of a diagnosis related to the claimed condition; and the evidence does not establish a connection between the claimed condition and an event, injury, or disease during service. During your VA examination dated November 1, 2016, the examiner found no objective evidence of obstructive sleep apnea. The exam also noted that the results of the at home sleep study was negative for a diagnosis of obstructive sleep apnea. Sleep Study and Titration dated January 3, 2017, shows you have a CPAP for the symptoms of your condition. Obstructive sleep apnea occurs due to passive collapse of the oro and/or nasopharynx during inspiration while asleep. It is caused by anatomical abnormalities such as obesity, redundant tissue in the soft palate, enlarged tonsils or uvula, low soft palate, large or posteriorly located tongue), as well as neuromuscular disorder. Of these conditions, obesity is the most common cause. Due to the absence of a cause and effect relationship, it is unlikely that your obstructive sleep apnea is proximately due to or the result of your digestive condition GERD. Therefore, service connection for sleep apnea on a direct or secondary basis, cannot be granted at this time and is denied. Reasonable doubt does not apply because the preponderance of evidence is unfavorable. What do y'all think about the bold paragraph? This is from the in lab sleep study they are referring to: Impression: 1. Obstructive Sleep Apnea syndrome. ICD-9-cm#327.23 2. Successful CPAP titration with resolution of most of the respiratory events. 3. Patient interface device utilized was medium ResMed Airfit F10 mask with a heated humidifier. So the symptoms that the reviewer noted was my Dx for OSA?
  7. This exam was for the claim I made for hypersomnia. I will submit my diagnosis to them.
  8. Hello everyone. I had a C&P exam for hypersomnia secondary to depression, and I need clarification. I will attach a redacted copy in this post. Here are a few questions: I read that hypersomnia was rated under code 8108 narcolepsy, so why did they use form 21-0960P-2 Mental disorder (other than PTSD) and not form 21-0960C-6 Narcolepsy. According to 3. Occupational and social impairment in the dbq, I should be rated no less than 70% (correct me if I am wrong) for a mental disorder. I am currently rated 50% for depression. 6. Remarks (including any testing results) states that there is objective evidence to render a diagnosis of hypersomnia. I did not submit my diagnosis for hypersomnia from my private sleep test. Should I go ahead and submit the results on ebenefits? Are they going to lump this in with depression, or should I be given a separate rating?
  9. Had a C&P for ED lat month. I was only asked questions.
  10. 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.
  11. 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
  12. 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/
  13. 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?
  14. 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).
  15. Thank-you for the swift reply Buck52 and broncovet.

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