doc25

Good to friggin' go and congrats! Deferred is actually a good thing, it's not a denial. Basically, your claimed condition or conditions needed to be sent back for further development. All you need now is an additional 10% to get that 1 point to get 95%...which gets rounded up to 100%.

I got a C&P exam for sleep apnea secondary to PTSD. Here's how my case went: 1. First submission denied because they said there wasn't evidence in-service for Sleep Apnea. Which I wasn't trying to direct-service connect. I had sleep study confirming I was diagnosed after service. Didn't have CPAP at the time. So, duh it's going to get denied. 2. Re-opened with VA diagnosis of sleep apnea and I had a "medically necessary" CPAP at that time. Denied again. WTH? 3. Re-opened again, but the third time I had a Sleep Apnea DBQ..THEN...I was sent to the C&P exam and I received a favorable nexus of opinion. If you get denied and you weren't provided a C&P, then the VA failed to apply duty to assist. A BVA or CVAC judge would see that. Did your doc provide you with a nexus of opinion?? Saying it vs. documentation are two different things.

If you were being treated for PTSD, then there has to have been a diagnosis in-service for PTSD, otherwise you wouldn't have been treated for PTSD. Does that make sense? Post one of the medical records that shows your treatment and the first page of your chronological history of medical problems, if you have that chronological history.In addition post your 2006 denial letter so we can review it. ***REDACT/Darken out all personal identifying information.***

If you don't mind me asking, What are your current service-connected disabilities? Assign a VSO or VA agent to assist you in applying for TDIU if your SC disabilities are preventing you from working.

It took me three attempts at the Regional Office level before they secondary connected OSA to PTSD. (I think I read you have PTSD? You can go that route too.) The battle is well worth it. There are three criteria you have to meet to secondary connect OSA. #1. Must have a service-connected disability-Your Allergic Rhinitis #2. Must have a diagnosis for Sleep Apnea. You'll also need your dr. to document that a CPAP is "medically necessary". #3. Nexus of opinion stating the minimum threshold of "at least as likely as not" Sleep Apnea is due to or the result of your service-connected Allergic Rhinitis. Here is some medical literature to research: Allergic Rhinitis&Sleep Apnea.pdf https://www.ncbi.nlm.nih.gov/pubmed/15056401

You can try to get them listed seperately, but if they're grouped together, it's likely that they are secondary conditions. Secondary conditions get their own ratings anyway. You are very fortunate to have that many issues service connected AND secondary connected. All you really need to do is request increases, when the medical evidence clearly shows worsening of symptoms. Refer to the Gout ratings that I provided. Do you believe your gout symptoms have worsened over the past 3-6 months? Have you been seen at least twice or more a month for exacerbations of your gout?? I see you're 0% for Allergic Rhinitis. Code 6522: Allergic or vasomotor rhinitis is the swelling of the tissues lining the nasal passage because of allergies or other inhaled triggers like smoke, fumes, etc. This causes the nose to become stuffy and runny. If the rhinitis is fairly constant and there are growths forming in the tissues, it is rated 30%. If there are no growths in the tissues, but 50% of the nasal passages on both sides or 100% on one side is blocked, it is rated 10%. I'd see about getting Allergic Rhinitis increased to 10%. Have you been diagnosed with Sleep Apnea and require a "medically necessary" CPAP machince? You may be able to secondary service connect Sleep Apnea to Allergic rhinitis. Read this VA case for a better understanding of what I mean. https://www.va.gov/vetapp16/Files3/1618940.txt

Gout is a form of arthritis caused by high levels of uric acid in the body. Gout falls under diagnostic code 5017, but it is supposed to be rated under 5002 Atrophic Rheumatoid Arthritis. Gout must be rated seperately. 5017 Gout. The diseases under diagnostic codes 5013 through 5024 will be rated on limitation of motion of affected parts, as arthritis, degenerative, except gout which will be rated under diagnostic code 5002. 5002 Arthritis rheumatoid (atrophic) as an active process For residuals such as limitation of motion or ankylosis, favorable or unfavorable, rate under the appropriate diagnostic codes for the specific joints involved. Where, however, the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5002. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. Note: The ratings for the active process will not be combined with the residual ratings for limitation of motion or ankylosis. Assign the higher evaluation. IBS and PFS involving the knee can't be seperated, BUT keep in mind that the opposite knee eventually will begin to cause you problems, on a secondary basis caused by your Left Knee. Your left knee can also cause hip and lower back problems, eventually, as well.

That could be a possibility to connect the dots. While deployed, were you around burn pits on a consistent basis? https://www.publichealth.va.gov/exposures/burnpits/registry.asp

That would be awesome. I have some choice words for the raters that have committed an injustice to my claim over the past 12 years. Sheesh.

Your anger and frustration is understandable, but turn that into righteous rage. It appears your husband is going to require a veteran's lawyer for an obvious appeal. I hired Chisholm and Chisholm law firm and I'm not going to pay anything upfront, unless my claim is granted. Hill and Ponton is another law firm that deals alot with veteran's appeals. Chris Attig law firm, as well. #1. The presumption of soundness was not properly applied to this claim. Clearly and Unmistakably the record shows he went in healthy and was discharged with a bowel problem. #2. The VBA blatantly lied that the condition was not incurred or caused by military service. #3. The C&P examiner's credentials must be challenged. Was the examiner a GI specialist? A General practice Dr? A Physician's Assistant? Nurse Practitioner? The unfavorable nexus of opinion by the examiner and the favorable nexus of opinion from his Dr. is equipoise, meaning there is a tie in the nexus of opinions. A tie must go to the veteran. You and your husband have every right to be upset, but the VA is going to fight tooth and nail. No matter how angry you are. Higher level Review might not get this claim granted at the Regional Office. It might have to end up at the BVA or even the CAVC for it to be granted. To me, this claim was denied; just to be denied out of malicious intent. That's just my point of view. I'm having a similar experience with my flat foot claim from 2007. But, I'm not going to give up on it. I suggest y'all don't give up either. There's work to be done.

I don't mean to frustrate you, but have you gone through it page by page?? It would be hard for anyone of us on here to know what's on it without looking at it. You'd have to go over it again and tell us. My CD has over 4000 pages, it includes everything used for claims purposes. This is called a C-FILE. What are you planning to claim? Steven was in the Army.

When you're well enough you can obtain a copy of the ER visit through the Medical Records/Release of Information office at that VA facility and fill out a VA Form 3288 requesting your own medical information, particularly the ER notes for that visit. va3288.pdf OR You can obtain a copy also using myhealthvet. If you don't have an account, now would be a good idea to get an account. https://www.myhealth.va.gov/mhv-portal-web

A post-discharge, direct-service connection claim for sleep apnea will get denied 100% of the time. Secondary service connection is the only way to get sleep apnea granted. Fortunately for you, rhinitis is documented in your STR (I believe what you're saying is factual). You'll need to get rhinitis service-connected first to secondary service connect Sleep Apnea.

Did they send you a cd or a paper copy of your service medical record? What branch of service were you in?

Wonderful! I believe I read you had done so in another post.