
MrStryker
Third Class Petty Officers-
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Sleep Apnea secondary to PTSD and Sinusitis
MrStryker replied to MrStryker's question in RAMP Rapid Appeals Modernization Program
Yup. That's the plan. Thank's brother. -
SMC-S Question.
MrStryker replied to taylor88be8's question in VA Disability Compensation Benefits Claims Research Forum
Actually the EED could be 1 year prior to the intent to file date/date claimed filed for increase, as long as there are medical records showing an increase was warranted. 38 CFR 3.400 - Disability Compensation - Earliest date as of which it is factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date, otherwise, date of receipt of claim. When medical records indicate an increase in a disability, receipt of such medical records may be used to esta -
Sleep Apnea secondary to PTSD and Sinusitis
MrStryker replied to MrStryker's question in RAMP Rapid Appeals Modernization Program
My evidence wasn't even listed. That's what makes me mad. -
I did my exam last month with Dr. Ellis. No they will not do an IMO with only your records. For what he is charging get the plane ticket, get a one night hotel and fly home the next day. It's good money spent and worth the investment.
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I see two problems. 1. MST isn't a diagnosis.... The depression and anxiety are. As Broncovet stated, you need to get a Voc - Rehab counselor to specifically say that your anxiety and depression due not allow you to gain substantial gainful employment, due to your service connected anxiety/depression, then state why it hinders you from such. 2. EED - There was no appeal filed, so as you stated the decision is final. Once again if there is something in your service records that the VA did not have available, but should have, then you'll have a chance to get an EED. If the VA had
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RAMP appeals
MrStryker replied to tmoore2695's question in VA Disability Compensation Benefits Claims Research Forum
My appeal was for an EED and sleep apnea. I'm guessing it would depend on the complexity and number of items appealed. -
C File Request under FOIA
MrStryker replied to MrStryker's question in VA Disability Compensation Benefits Claims Research Forum
If they send it in a timely manner. Under FOIA it's supposed to be 20 business days. With the privacy act it can be any amount of time. -
RAMP appeals
MrStryker replied to tmoore2695's question in VA Disability Compensation Benefits Claims Research Forum
I moved my appeal into RAMP on Oct 29, 2018. The Decision letter was dated Jan 30, 2019. So roughly 90 days give or take. -
C File Request under FOIA
MrStryker posted a question in VA Disability Compensation Benefits Claims Research Forum
I used Chris Attig''s method, from the Veterans Law Blog, to request my C-file. It shows as a pending claim since September 29, 2018. I faxed a FOIA appeal in November and I emailed the OGC. I got a response back from the OGC stating the C FILE is exempt under FOIA exemption 6 and would be processed under the Privacy Act. Has anyone filed a lawsuit as instructed by Mr. Attig? -
Inquiry question
MrStryker replied to KC3's question in VA Disability Compensation Benefits Claims Research Forum
I had to squint just to read your post. Do an online chat with the VA on ebenefits. -
DD 2807-1
MrStryker replied to vern2's question in VA Disability Compensation Benefits Claims Research Forum
I had my BDD 10 years ago so I'm not 100% certain this will apply to you. I gave my records to the VSO, which I'm sure you already did and did the C&P exam. I didn't submit the exit exam but I wasn't aware of the process at the time. A month after separation I was given my decision. -
Unless you were diagnosed with sleep apnea in the service you're going to have to do it as a secondary condition to an already service connected disability. Sleep apnea and insomnia are different. You'll need a doctor to say it's at least as likely as not or more likely than not caused by and or aggravated by your disability. Chris Attig has a great sleep apnea book on his veterans law blog website. You can get an attorney that will walk you through the appeal. I wouldn't deal with a VSO. Bite the bullet and pay the fee after you win your claim. Good luck.