JonathanAD

I have not received my decision letter yet, but my percentage on va.gov changed from 30% to 70%. Also, there's a pending deposit for $29,700. I got it!

Then, from the telehealth 9 minute "exam":

Then there is also this, in a different section:

Ok, so check this out. Her rationale sounds like she selected the wrong box, right?

My exam was awesome. I walked away pretty much knowing the exam went in my favor.

Right, and thanks for the comment. They just want to see if it's connected to ptsd...i.e. since I stress eat and binge drink because of it. Update: I received a call at 1305 CST from phone number 213-474-2779, QTC Medical Services. At first, he wanted to schedule an appointment for a sleep study, but had misread the request...He ended up locating the sleep study in my records, and then after re-reading the request, said that I need to schedule an appointment for osa secondary to ptsd. The soonest they could get in locally was 8/19/2021, but I do not want to wait, obviously, so I went ahead and scheduled the appointment in Fayetteville, AR (163 miles away) for this coming Wednesday, July 14, 2021 at 1000 CST.

Ok, so the C&P was 9 minutes. The guy was friendly, but did not even once ask anything about obesity. He just asked if I had a hard time sleeping and if i had a cpap machine and if the va kept the cpap in working order for me. That's about it. I wonder WTF....who knows...Anyway, back to the waiting game.

Now they want me to do an online C&P to link obesity to PTSD. Lawyer said since my ptsd & depression caused me to be an alcoholic (12+beers a night, every night), then I need to bring that up. That amount of alcohol surely caused me to gain a lot of weight. I do not drink anymore, but I do still have sleep apnea, requiring a nightly CPAP machine. Scheduled for the 29th. Will update.

Update. The "Request for Higher Level Review" was filed on 3/29/2021. On 6/10/2021, the status changed to "closed". When I checked on 6/11/2021, it was changed to the following: I called the VA to see what was actually happening, and they said they mailed me a decision letter on 6/10, but could not give me any other details. Any thoughts on whether this is a good sign? I feel like it is.

Ok, update is that the appeal has officially been filed by the attorney. Here's what it says. On April 22, 2020, VA issued a rating decision denying entitlement to service connection for obstructive sleep apnea. Mr. D requests a Higher Level Review and informal telephone conference with higher level reviewer in accordance with the AMA of this Rating Decision. Issue I: Under the correct application of the provisions of 38 C.F.R. § 3.310(a) Mr. D is entitled to service connected compensation for his D's disabilities from insomnia and sleep apnea as secondary to his service connected disability from PTSD. VA’s April 22, 2020 rating decision explained the reasons and bases for its denial of secondary service connected compensation for his disability from sleep apnea as secondary to his service connected PTSD as follows: VA did not address the argument that was raised by the evidence submitting as new and relevant. Mr. D submitting medical evidence that his insomnia was at least as likely as not related to his service connected PTSD. Therefore, Mr. D was entitled to consideration and a grant of service connection for insomnia as proximately due to or the result of his service connected PTSD. Neither the VA examiner nor VA addressed entitlement to service connection for insomnia. Furthermore, Mr. D submitted medical evidence that his insomnia aggravates is OSA. Pursuant to 38 C.F.R. § 3.310(b), any disability that is aggravated by a service connected disability is entitled to service connection. Therefore, based on the evidence submitted, VA was first required to adjudicate entitlement to service connection for insomnia and then address entitlement to service connection for OSA based on aggravation. VA failed to do so and the higher level reviewer must correct this error. CONCLUSION Mr. D is entitled to service connected compensation for both insomnia and sleep apnea as secondary to his service connected PTSD from May 15, 2019, the date of his intent to file claim which was followed by a VA Form 21-526EZ on June 17, 2019. Mr. D requests that he not be contacted but rather his representative will conduct the informal conference on his behalf. In order to assist in scheduling the informal telephone conference, it is further requested that VA’s higher level reviewer contact Mr. D’s representative via his e-mail address: carpgh@mindspring.com regarding this request for a Higher Level of Review of VA’s April 22, 2020 rating decision.

I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected. I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night. I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt). In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com". My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either obesity or PTSD, and go to the veteran's favor? And doesn't that mean that attributing OSA to obesity is just as speculative as attributing it to my PTSD? I had Carpenter Chartered start an appeal, so I am hopeful to get it approved.

I definitely have the panic attacks, and they examiner did not even ask about them. Thanks for all the help. I will update this when I do appeal, but waiting for the BBE to come in as of now.

Well I called DAV. The decision is they are keeping me at 30%. I really think they should have given an increase to 50%, so I may appeal it. Question, though, Can I schedule my own C&P exam at the VA and have that as new evidence for an appeal?

Called the DAV. They are not changing the percentage or awarding any extra comp. Still at 30%.

I just filed it myself. I guess I'll have to play the waiting game.