doc25

File your NOD and Appeal the effective date to 23 yrs ago and get a veteran's law firm to represent you. Hill and Ponton Chris Attig Perkins Law Firm Chisholm Law Firm

Getting better takes time. You didn't begin to suffer from your depression overnight right? I still suffer from my PTSD even though I have some good days and I feel ok. You wont be completely better but you'll get better at coping with your symptoms of depression. Try Voc Rehab and see if doing compensated work therapy will help you see if you're ready to work. If you're not ready, take some more time for yourself. CWT helps veterans find work, interview skills, resume writing,etc. It's a 90 day program through the VA and you get paid as a VA beneficiary,(you won't be a federal employee) but you get paid.

You can apply for 100% IU but if you're working it won't fly. Any chance you have developed sleep apnea after-service? If you have, you can secondary connect Sleep Apnea,as secondary to Depression medications.FYI

I miss active duty sometimes, but mostly the camaraderie.

You could also have refills mailed to you via https://www.myhealth.va.gov/mhv-portal-web/web/myhealthevet/home If you don't have an account just register for one.

Lay evidence weighs more under penalty of perjury. 28 usc 1746 https://www.law.cornell.edu/uscode/text/28/1746 The old "I affirm that this statement is true to the best of my knowledge" just doesn't seem to work anymore with the VA. Reference this case also to add more legalese pertaining to lay evidence to your claim. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014836/Jandreau-v.-Nicholson,-Jul-3,-2007,-492-F.3d-1372

Congrats on your win.

I stand corrected.lol.

I just got off the phone with a VA Benefits rep and I was told that when I appealed my flat feet claim(initial claim denied in 2007) back to2017, my NOD was received; but I did not meet the 60 day timeframe to submit Form 9 and SOC to appeal to the BVA; I would need to reclaim my flat feet. I thought I could reopen it with built up medical evidence and a nexus of opinion. So my question is: Do I reopen or reclaim it?

At this point, nothing except; keep going to your scheduled mental health appointments if you have any. The deferment is possibly that the VA submitted a request to the Joint Service Records Research Center to corroborate your in-service stressors or was sent back to the examiner for clarification and an addendum for that clarification. The Criterion B not being marked wouldn't cause your claim to be delayed because you have other Criterion marked substantiating the presence and current mental health condition. What does raise a reasonable doubt is that the examiner clearly admits that you have PTSD symptoms, but did not make a diagnosis for PTSD. Instead used a different mental health condition as a diagnosis. For what it's worth, all mental health conditions are rated the same. Although, in your case, the examiner needed to make a clear and concise diagnosis for PTSD and not tip toe around it. Your frustration is valid.

Unfortunately, this exam is absent of a nexus of opinion, does not state the necessary minimum threshold of "at least as likely as not" your condition was due to or the result of military service and a rationale was not provided. Did your outside provider provide the nexus of opinion? Which is going to be sent back to the examiner for clarification and an addendum. This will delay your claim two weeks or more depending on the examiner's response. Here is the good news. The c&p examiner basically agreed with your outside provider on a diagnosis for PTSD and the examiner marked the criteria for a 100% rating. Relax. Breathe. It appears your exam went well, it's just going to take a bit longer than expected. The longer it takes the more in retro pay you will receive. Best wishes.

Are you currently diagnosed with fibromyalgia and have a minimum of three months or more worth of medical evidence? If you're not, don't go into a Dr.'s office or clinic saying you have fibromyalgia. You can't diagnose yourself, only a licensed medical professional can diagnose. But, you are deemed competent to complain of the symptoms you are experiencing related to fibromyalgia. If you think you are having symptoms of fibromyalgia. Do some research. Only you know what you are experiencing. https://www.webmd.com/fibromyalgia/guide/what-is-fibromyalgia#1 https://www.webmd.com/fibromyalgia/guide/what-is-fibromyalgia#2

You can apply for it if I'm not mistaken.

A CUE is a clear and unmistakable error that is difficult to prove. You were serviced-connected 30% back to 2015. That's great news! You may be able to appeal the effective date to 2004 if your service medical record clearly shows you were, in fact, diagnosed with asthma in-service. If, in fact, you were diagnosed in-service with Asthma, you basically, caught the VA lying to deny your claim. There's a slight chance that is a CUE. Maybe other forum members can correct me if I'm wrong. [Be advised that if you develop or have developed Sleep Apnea ;it can proximately be due to or a result of your service-connected Asthma/COPD. Sleep Apnea is rated 50% with a documented "medically necessary" CPAP machine, meaning a doctor must state the CPAP machine is "medically necessary". You'll need a sleep study to confirm you have sleep apnea, diagnosis, and a nexus of opinion. This might help better explain what I mean: https://www.hillandponton.com/4204-2/

That's how my C&P went with my sleep apnea secondary claim. I was done within 10-15 minutes. Although, my claim was denied twice prior to that C&P exam because I didn't have a DBQ or nexus of opinion. You have the DBQ, at the very least. There's more good news than bad news in your case. The good news is that you meet two out of three requirements for secondary connection. #1. Must have a service-connected condition. Check. #2. Must have a current diagnosis of secondary condition claimed. Check #3. Nexus of opinion stating the minimum threshold of "at least as likely as not" (50% or greater probability) the condition claimed is proximately due to or the result of Veteran's service-connected PTSD and it is "medically necessary" for the veteran to use a CPAP or other breathing assistance device. Additionally, a clear and concise rationale must be provided. You do not have a nexus of opinion...yet. Which depends on whether the examiner concurs with the provided DBQ. ( The DBQ is vital in that it should have everything that the examiner needs to input to substantiate your claim. ) Now for some slightly bad news.... An NP or Nurse practitioner, I gather, did the exam which provides room for errors to be made and your C&P would be deemed flawed IF your claim is denied. IF it gets denied. APPEAL, APPEAL, APPEAL. Even with the nurse practitioner doing your exam. I'm about 65% certain you'll receive a favorable decision. Best wishes on your claim.