Jump to content

blahsaysme2u

Seaman
  • Content Count

    17
  • Donations

    $0.00 
  • Joined

  • Last visited

Community Reputation

0 Neutral

About blahsaysme2u

  • Rank
    E-3 Seaman

Profile Information

  • Military Rank
    E4

Previous Fields

  • Service Connected Disability
    60
  • Branch of Service
    ARMY
  • Hobby
    fly fishing

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. A VERY GOOD LESSON. THANKS FOR THE ADVICE!!! contact the white house? how and why?
  2. sorry, I guess i didn't explain well. I was denied in 2008. then in June of 2018, i reopened it along with some new claims with help from the VSO. it just recently was deferred but i have not received anything in the mail yet.
  3. well I see her 1x a year and she updates my records with my cpap report ect. so I think I am good with the current dx right? or should I have a new sleep study done?
  4. my denials are from 2008. i threw those away a long time ago. i have not received my letters for the "deferred" claims yet. here's a screenshot from ebenfits
  5. so what should I do with that? I can't force her. and even if I did, would probably not be to my benefit. anyone forced to do anything always puts in the least amount of effort required.
  6. btw- how do i get copy of my denial letters? i have not gotten my C-file yet. what is the process in getting my hands on that? should i wait till all these "deferred" claims process before requesting my C-file?
  7. this is a quote from a popular VA claim lawyers website on sleep apnea. is this not accurate? VA Disability for Sleep Apnea through Direct Service Connection One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection.
  8. it is a VA doc. she said she will not fill one out and will not say anything regarding the cause of my sleep apnea. see this is where i am so confused. i was under the impression that if you have a diagnosis or injury while in service, it is considered service connected regardless of cause(service or otherwise). why do i need the "at least as likely as not" the veteran's Sleep Apnea is due to or the direct result of military service" statement to prove service connection??
  9. (2)Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claimbecause the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. (3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. so the above is from 38 CFR § 3.156 - New and material evidence. I am having a hard time deciphering, but does this mean that claims with found medical records can have an effective date of the original claim even though I never appealed it?
  10. ok, I get all of that guys. I think it's being lost somewhere- I have already re-opened the claim. my concern is that I am being told I will only be paid for from the reopen date(06/2018) till now instead of the original claim from 2008. is this not true? also, could I get some input on the below? 2. I was told that CUE could be done 1 per claim item- not 1 per veteran? Is this not the case? Can you please show me where the VA says that? 3. I was under the impression that if you have a diagnosis or injury, it is considered service connected( like workers comp for injuries that happen at work but not necessarily because of the job)regardless of nexus to service. If I do need the "at least as likely as not" the veteran's Sleep Apnea is due to or the direct result of military service" statement to prove service connection, any advice on how to proceed? 4. My current sleep apnea dr refuses to fill out a dbq. I was told they are not "allowed" even though I showed her where on the VA website it clearly says they are allowed. Any advice on getting this?
  11. exactly where I am at now. I have done this but was told I need to file CUE to get backdated to 2008. this really seems unfair. seems like they should automatically see "hey there was a diagnosis in 2008 when the veteran first filed a claim" very frustrating!
  12. This is amazing! I didn’t think I would get such wonderful responses. Thank you all for your advice. I’m going to start from the top! 1. I have already filed the reopen; advice from VSO got me that far. but because I never appealed the original denial, was told the only way to get it backdated to 2008 would be to do the CUE. 2. I was told that CUE could be done 1 per claim item- not 1 per veteran? Is this not the case? Can you please show me where the VA says that? 3. I was also under the impression that if you have a diagnosis or injury, regardless of nexus to service, it is considered service connected( like workers comp for injuries that happen at work but not necessarily because of the job) once again please help me see where this information is taken from. i appreciate everyone’s input, but without proof really its no better than me using google. If I do need the at least as likely as not" the veteran's Sleep Apnea is due to or the direct result of military service" statement to prove service connection, any advice on how to proceed? i am still fighting for my PTSD and TBI claims. They have been "deferred" as of today. 4. My current sleep apnea dr refuses to fill out a dbq. I was told they are not "allowed" even though I showed her where on the VA website it clearly says they are allowed. Any advice on getting this? Once again thank you all for your help! I will be posting a more detailed post on my claims in the near future.
  13. I have been debating on posting my first entry into the forum for about a week now. I had previously just been scanning and reading everyone’s posts, but hadn’t created a profile. So here we go. I joined the army in 2003(National Guard to be truthful) and did 1 tour in Iraq in 2007-2008 providing convoy security. Without going into too much detail,(not needed for this question-maybe ill post more later) my company did 3x wk. missions and were hit with IED just about every time we went out the wire. But again that doesn’t really apply to my question here. In 2008, when I first returned home, I had my first experience with the VA and my dr sent me for a C&P exam. One of the claims I was seeking treatment for was sleep apnea that my PC thought I had. Long story short, the claim was denied (actually all my claims were) due to lack of evidence. My medical files from the army had been lost and I was told there wasn’t much I could do. After my C&P though, my dr did send me for sleep study and I was officially diagnosed with sleep apnea and given a cpap machine. I have used it ever since (changed my life) Fast forward to 2012, my medical records magically showed, the VA did a review of my previously denied claims and I was approved for a few. But my sleep apnea was denied again. I didn’t appeal and I forgot all about it until recently, since I have reopened some claims due to needing increases. Soooooooooooo, I did reopen my claim for sleep apnea but now I realize I may have CUE because I was actually diagnosed while still in my contract (I didn’t get out until 2009 and was still in selective reserve until 2011) Anyone have advice or pointers on this? Thanks in advance
×
×
  • Create New...

Important Information

{terms] and Guidelines