Steve34

I will try to scan them when I get home from work tonight. The stuff I downloaded from ebenefits was my DBQ’s that we’re filled out by the VA dr for my comp and pen appts. I used the wrong terminology when describing it. The VA has diagnosed me with migraines and sleep apnea which they issued me a CPAP for. I’ll upload it but from what I’m reading they were denied since filed on their own and my service connection was not sufficiently established. The way it looks to me is if I would have filed the migraines as secondary then it would have been approved. The OSA would most likely be approved with an appropriate nexus letter. Honestly, I was infantry, sure I complained of headaches.....and our medic gave me a fistful of Motrin and told me to drink more water. You simply didn’t go to sick call unless it was serious. I also started getting cold sores while in Afghanistan. The battalion PA gave me a cream which is in my service records but not a reason why for the cream, just that it was prescribed. So there’s the med but nothing written why I got it. I preach to guys in service to be certain to document everything and not to make my mistakes in thinking it was already done. steve

Broncovet, I agree most of us were denied before. My PTSD was denied, I appealed and had my congressman get involved, not only did they find they made erroneous mistakes but I was informed by my VA psych that the dr who did my comp and penn was removed. He was found of basically railroading all vets.....and that’s what my psych told me who is his coworker! After my 3 year appeal I was awarded and given 4 years retro with a nice apology letter. I spoke to DR Anaise just to see what my options are. I was denied since I filed them as their own conditions when I should have filed them secondary to my PTSD. I got my service records from ebenefits. I have the diagnosis for both OSA with CPAP as well as for migraines. The Opine for my migraine DBQ states that my migraines are at least as likely as not worsened by my PTSD. So the secondary condition is there in black and white for being worsened by my SC PTSD. The OSA was denied but could be caused directly by some medications and side effects of them. Now I still need an IMO/Nexus and he is willing to do it for his standard fee. Or I can have him represent me which may cost a bit more but be worth it. Since my chances of success will probably be greater with him rather than without him. Even here in NYC, many doctors I have asked are very hesitant to write the required stuff and/or sound as if they re not knowledgeable with the process at all. Dr Anaise seemed very knowledgeable. The one messed up thing is timelines. Me filing the DRO would most likely go faster than him filing it all on my behalf. Decisions decisions Steve

Ok so quick catch up. Filed in November for the following: Migraines, TBI reopen, OSA (CPAP used) Just received denial on all parts stating not service connected. I have a current rating for PTSD and was told I should have filed the migraines secondary to PTSD. The Cfile shows that the medical opinion was that migraines are at least as likely as not worsened by my current PTSD. I do have a VA diagnose for the migraines and the OSA (CPAP was issued by the VA) I was thinking about filing for the DRO review and then getting a IMO/Nexus from Dr Anaise and attaching those as new information. But that can take about 2 years at my local VA (NYC) If not then I could simply provide the exam results from my Cfile to the VA and file an FDC with all my evidence again and also include the IMO/Nexus letters. This time make the Migraines secondary to my PTSD and also make my OSA secondary to my PTSD stating it is worsened by my PTSD. This would be much faster. I had provided 4 buddy statements all notarized about a few rocket attacks and IED’s that I was very close to. One knocked me out but I wasn’t medivac and just held at my firebase for eval for a few days, I got better and that was it. I know opinions are plentiful but just looking for some advise since there is a chance that someone has had a somewhat similar situation themselves. Thanks Brothers, Steve

The disabilities section on ebenefits shows the same total rating and individual rating as before. The AB8 just shows a lower percentage But my dollar amount is the same. Meaning the dollar amount reflects my disabilities page. Maybe since my claim is at the PDA stage they are adjusting my claim or just haven’t put in the correct percentage yet. I’m sure it’s possible, just wasn’t sure if this has happened to others before. steve

Hey guys, ‘so I’ve had a claim in since November for an increase and a new claim. It’s currently at PDA. I checked my AB8 just out of curiosity and impatience. The percentage is lower then I had before but the monthly dollar amount is still the same as before. Is this common? I know everyone will say wait for the BBE but I just couldn’t help myself. I read the notes from the comp and penn and one additional rating that I should be getting will move me up, that’s IF they used the bilateral factor for my sciatica nerves. I’m already rated for back with secondary ratings for both left and right nerves. thanks steve

It doesn’t specifically say that the bilateral factor is involved. They just gave me the rating for lumbosacral and then listed left sciatica as a secondary with its own rating and right sciatica as a secondary with its own rating. As of now the bilateral rating would not change my current rating, still keeps me at the same percentage. But I have other claims not completed and it would make the difference if those get a percentage for service connection. Thanks Steve

Back to the original question though. Are the left and right sciatica considered the bilateral factor even though they are both secondary to the lumbosacral rating?

I’m going to the VA in Brooklyn this Monday to ask for it all printed. For the OSA, would the letter come from a mental health doctor stating the side effect from my fluoxetine is causing the OSA or would it be a sleep apnea MD? My friend looked at my C file today and he said even though they wrote the migraines are due to the ptsd that they will probably give me a rating for it but make it secondary to ptsd. I didn’t submit it this way but he said they do it sometimes. He said most likely 30% because the examiner checked once a month and completely prostrating effecting my work and life. He also said the sciatica pain since rated separately for both right leg and left left at 40% should be rated by the bilateral factor. i will work toward going to an MD to get the nexus letter ASAP once I figure out what MD it is. Maybe even get it in before this rating is complete. what sucks is that they did an MRI that shows white matter and stuff. They said it could cause migraines but that was prior to and for the TBI exam. The TBI examiner only asked me about migraines for 5 minutes then tested my reflexes and it was over. Don’t want to sound petty but I needed to correct him several times due to his broken English and is not entirely understanding eachother. I also provided buddy statements from 2 seperate IED blasts I was in and how I was thrown due to a Chinese 105 landing within a short distance of me while at my firebase. ok gents my rant is over. Thanks again for any advice. steve

Guys, So I have a rating of 90% and have some of my other claims submitted again that were denied without good cause. My question relates to my rating and the breakdown of amounts PTSD tinnitus hearing loss Lumbo sacral —->Secondary right sciatica ——>Secondary left sciatica So, my question is whether or not the bilateral factor is applied for those secondary conditions? I am currently awaiting decision on MIgraines, Sleep Apnea w/CPAP, and TBI. I have my C file and it doesn’t look good personally. The sleep Apnea the doctor wrote he feels is not service connected and that my complaints during service and directly after were insomnia and that my Apnea didn’t develop until years after. I left the Army 2006 and my Sleep study was in 2016 even though I went to them many times before but they just told me it was my ptsd and gave me ambien every single time and refused to give me a sleep study. My wife has been complaining of the snoring and stuff since I was even in the military. Migraines the MD wrote during comp and pen that “Therefore veterans migraine at least as likely as not proximately due to or the result of PTSD”. So i’m Assuming they are just going to lump that into ptsd and not rate me migraines or maybe rate it secondary to migraines. The C &P for TBI was only a week ago so that’s not in my Cfile yet I guess but he just asked about migraines the entire time and that was it. Thanks for any info as usual guys Steve

That’s what i assumed. They would just show NSC until an official decision was made. Sorry I wasn’t more clear. My last comp and penn is for TBI tomorrow. After that its just the waiting game. I’m sure it will go in my favor. I sent in a bunch of notarized buddy statements for the TBI confirming what happened and how I was afterwards with the concussion. As well as statements from my psych with his professional opinions. Thanks for the guidance brothers Steve

I don’t think any decision has been made yet. I still have my last comp and pen coming this Friday at the VA for TBI. They denied me originally for TBI and never even did an exam. I was in a HUMV that rolled over an IED, 4 of us in the up are our, all out of the military, they were all awarded TBI and I was denied. They have all written buddy statements which I submitted with my claim. The hard part is my rep was the VFW but at the Brooklyn VA they all retired and are gone. I called the VFW and apparently they are having a problem getting people to staff it and it looks like the VFW will be vacant at the Ft Hamilton VA (Brooklyn, NY) for the foreseeable future. I’m going to see my psych for our weekly meeting friday and he I will talk to him about getting a written statement saying my PTSD can have a direct corellation to the sleep apnea. I just wasn’t sure if the stuff would be there until it gets an actual rating or official denial. They haven’t sent me anything because obviously the whole case is still in the works and wont have any decision until after the TBI comp and pen exam and the evaluation submitted to the VA for them to either give a rating or deny. Thanks guys

So I have had a rating for a few years, Shortly after I got that decision I was diagnosed with migraines and sleep apnea. These were diagnosed after (a few years) I left the Army but I have complained about them to the VA for a while. The NYC Va took forever to give me a sleep study and instead just kept telling me to try different things....right after the sleep study they promptly gave me a CPAP and apologized. Currently I’m rated for PTSD, Tinnitus, hearing loss (0%), degenerative disc problems, rediculopathy for both legs due to the back. I filed for the sleep apnea and migraines in November 2017 and reopened TBI at the same time. I have been seen by psych for PTSD weekly at the VA for years now and my psychologist said that the sleep apnea should be secondary to my ptsd, the TBI i sent in numerous buddy statements for, 4 of us in a hummv that rolled over an IED and I was denied TBI and they all were approved. Long story short I have already been for the comp and penn for migraines and apnea, going for TBI next week Just curious because my claim is still in “gathering of evidence” with the last comp and penn next week. Yet migraines and sleep apnea are showing on ebenefits as not service connected as of a few months ago. Is it natural for things to show there until the VA makes the decision or is it pretty much an early reveal that they are denying those claims Thanks for any guidance guys