NavyCorpsman950

Hi all, I recently had a non-VA psychiatrist write a nexus stating that my OSA "was at least as likely as not aggravated by my service connected anxiety and that my anxiety aggravated my OSA". He went on to explain the hows and whys, as well as listing medications and medical conditions. My claim was approved in 5 months, on the first try, at 50% secondary due to use of a VA issued CPAP. He also attached a peer reviewed journal article to his nexus statement as supporting evidence. I had complained of trouble sleeping in the Navy back in the 90s, but didn't have a sleep study done until 2018. Medications and injuries on top of injuries have made sleeping worse. From what I've been reading about other OSA secondary claims, the key words just might be " at least as not aggravated by" and not "caused by". I can't speak for everyone else, but those words definitely worked in my favor. Hope this helps! -NC

Thanks GBArmy and Hamslice! I checked my account and nothing extra is showing. I'm thinking the back pay missed this cycle's cut off day and will post in November. Guys, I wonder if the examiner's write-up played the chronic pain or restless legs angle to support his OSA nexus. Before the exam, he asked me to put on a gown and asked if I needed help from the nurse to get undressed- which I did. That through me for a loop though. So I asked him what I was there for, and he said an OSA eval. When he came back in, we discussed OSA symptoms for about 1 minute tops. The rest of the discussion was on pain, medications and surgeries- mainly the knees. As he was leaving the room, I asked if he had any more questions about my OSA. He said, "No. I have everything I need. You are not productive at work because you are always sleepy. You are always tired. Your snoring wakes your husband. The VA prescribed you a CPAP." Then, he smiled. I took that as a good sign, but then with the VA, you just never know. Like I said earlier, it was weird that he checked my knee flexion and ROM, and inquired about my knee surgery and injuries more so than OSA. Not sure what all of that had to do with OSA. Perhaps a more seasoned vet can fill me in on possible angles? I did the math, and I agree, guys! Getting over the 90 to 94.5 hump is crazy. I have two appeals that date back to 2012 and 3 that date back to 2014, so we will see. I filed NODs for all of them back in August 2019. Thanks to tips I read on this blog, they all have nexus statements attached to them. I'm happy to finally have my 90 though. It seems surreal. I left the Navy with 10 back in 1996. Had it not been for other veterans pushing me to fight the system, giving me valuable info and tips, and encouraging me along the way, I would have just suffered in silence and not fought the 10. Thanks Had It!

Hi All I am officialIy in the 90% club! Just a quick run down: I filed an Intent to File for OSA secondary to Anxiety/Depression in May 2019. A non-VA MH provider did an exam and a followup exam, and then wrote a nexus saying that my OSA was aggrevated by anxiety and increased it, and anxiety aggrevated OSA and made it worse. He also used the key words "at least as likely as not". We also cited a couple of similar, favorable VBA court cases to support the matter. Low and behold, I was pleasantly shocked to see that my OSA claim had closed this past Friday with a 50% OSA win on the very first try. It had bounced around from Gathering Evidence to Prepping Decision for a month. I'm still in shock that it was approved so fast, and that it was approved on the first try. I still have a few items on appeal. Prayerfully, those will be approved and get me into the 100% schedular club. Still not sure why the QTC examiner checked my knees and ROM during my OSA exam though. I also have a knee claim in though, so maybe that's why. Guess that's a discussion for another thread. Thanks for all the tips here on Had It and best wishes on your claims, everyone!

Hi Oceanbound and Everyone! Cceanbound, any recommendations for an IMO and a Nexus in Raleigh, NC for connecting OSA to Anxiety/Depression? And for connecting knees and hips secondary to service connected ankles?

Hi all, I recently had a C&P Exam for my left shoulder. The moment I entered the exam room, the doctor welcomed me to hang my coat and scarf on the coat hooks on the back of the door if I wanted. I politely declined and placed them on the chair next to me. I could hear the voices of fellow vets here on Had It echoing in my ears: "From the moment you drive up into the parking lot and get out of the car, they may be watching you." So, I figured if I was there for a shoulder exam, it would not be wise to casually reach up above my head to hang my belongings on a hook. Also, I remember how fellow vets stated to stop the ROM the instant you feel pain. Several times throughout the exam, the doctor attempted to manipulate my arms to test my shoulder ROM, and several times, I politely instructed him to stop at the onset of pain. When he asked if I could do certain parts of the testing, I told him, "Probably not, but we can try." For each test, I stopped him at the moment of discomfort by saying, "Doc, if you push my arms any father, you will trigger an extreme pain flare-up and cause my shoulders to lock. That would not be good. Please stop. That really hurts." He listened attentively and watched my facial expressions, and he stopped the moment I told him to stop. Interestingly, I was there for a left shoulder exam, and the doctor asked why wasn't I there for a right shoulder exam as well. I told him, "I don't know." When he asked if my right shoulder hurts and flares, I told him yes. So he tested the right shoulder too and made notes about it- which I think went in my favor. I also remembered to answer only what was asked. I did not volunteer any extra info. I did not talk a lot. I let the doctor do much of the talking, and I answered point blank. I elaborated only when asked. And when I did not know a specific answer, I referred him to my VA treatment record and my military service record- which he made note of each time. I also came prepared with personal notes that I had taken regarding medications, flare-ups and daily limitations. I referenced my notes occasionally. Something else that seemed favorable is that he told me everything he was looking at on his screen and exactly what the VA was looking for in the exam. All in all, I think the exam went well for me- thanks to tips from Had It! And thanks, Ham Slice! I saw your tips on this thread too!

Hollie Greene, it's sheer desperation on the VA's part I believe! you are not being cynical. I agree with Retiredat44, and I wish I had trusted my gut. I spoke with my VSO a few months after opting into RAMP earlier this year, but I wish I had spoken with him before opting into it! He told me that the VA is overhauling it's system for 2019 so they are desperately trying to clear their backlog- by any means necessary. That's why they are sending out RAMP invitations right and left. When we (veterans) opt into RAMP, they make it sound good for us, when in actuality, it is good for them. Deny, deny, deny until the backlog is cleared- quick and easy! My VSO said he's been seeing an overwhelming majority of RAMP claims come across his desk as denied/ "NOT SERVICE CONNECTED". I wish I had known this before opting into RAMP back in April. After filing a traditional appeal and waiting for almost 3 years, I got anxious. So when the RAMP invitation came, quite naturally, it looked like an answered prayer. Unfortunately, like so many other vets, I took the bait...Long story short, just this week, I discovered that my two contentions were denied through RAMP, when there was clearly enough evidence to connect them to my military service. Now I have to lace up my boxing gloves again and step back into the ring. If any other RAMP invites roll my way for other contentions that I have out there, you'd better believe that I'm tossing the invites into the garbage can. I have been let down so many times by the VA, I should have known this was too good to be true! My advice to other vets: Stay away from RAMP because VA certainly has something up its sleeve as usual.

Ok, and yes you are correct. Chronic Presumptives. I will check out both links. Thanks and thanks again, Ms. Berta!

Awesome and Congrats!

Ok. That makes sense. The 2nd one seems to apply to my situation. Thanks for your reply, Berta! It's just weird to see things proceeding favorably for me on E benefits. I will remain suspicious until all my claims are closed.

Glad you asked this question Fourpaws because the same thing happened to me this week and it freaked me out. Dependents suddenly vanished from my award at the PFN stage and stayed gone for about two days or so. However, my claim was marked complete two days later, and my dependents reappeared on my award. I'm guessing that Ebenefits was simply being updated by whomever to reflect my increased %. Was your claim ever completed Fourpaws, or it still bouncing back and forth? Hope everything worked out in your favor!

Hi all. I submitted some claims through Ebenefits a while back. Some were rated favorably. Others were deferred. Strangely, it's also listing several claims that I never even submitted, and some of these not submitted by me claims were stamped "Not Service Connected". However, about 3 of them were stamped "Deferred" and sent back to "Gathering Evidence". What is the possible reasoning behind this? Is the VA anticipating that I would have filed for these claims in the future, so they shot them down or deferred them for future references? Anyone have any guesses or reasoning to offer? Thanks in advance and my apologies if this was already asked.