Hambocous

Keep the questions coming i love it, and thank you,thank you im learning Yes I did formally appeal that specific denial of TDIU on a I-9, the TDIU was granted now its going back to the BVA. Yes the narcolepsy and OSA prevented me from being substantially employed and the complications of PTSD, depression, anxiety, mood disorder and panic attacks also Question: would it be smart to ask them to CUE themselves at this point of the appeal even its going back to BVA? I would pay for an IMO/IME if I could find an honest doctor. Narcolepsy is at 80% stand alone Docket # 08-02-004 OSA 50% Depression was 50% secondary to OSA TBI granted at 40% VA combined it with depression 50%=70% overall Voc Rehab 12/2008 letter stated”” according to his medical records he has a disability of narcolepsy and sleep apnea he also has a severe case of cataplexies. He suffers from depression that is secondary to narcolepsy. Workevaluation was for 10 days he only completed 6 days due to his narcolepsy evaluation. He is unable to maintain and sustain employment with reasonable consistency . Please be advised as a Voc Rehab. counsel in my professional opinion is highly likely more likely than not that the veteran is not able to work at all due to narcolepsy and sleep apnea. I would encourage Social Security to seriously consider him for SSDI benefits.” Because I didn't understand the courts(still learning) I find that amazing you only been to BVA once. I feel a little bad now. Am i doing something wrong? I think this is my third or forth BVA. I always thought that I had to go to BVA. after a denied VARO decision if I had a pinch of your wisdom at my day of discharged i wouldn't be at this stage. Listening to DAV, letting appeals expire, not putting in claims cause DAV said don't overwhelm the system etc. My story is a unique one. Long but interesting. From a broken neck in College (2,3,7 vertebrate called the hangman's fracture) playing football, to fighting the Military, and the USPS for re-injurying my head and fighting them for benefits. I realize bad things happen to good people. It doesn't change who you are, it reveals who you are. I don't know how to let go once engaged. All of us have been lied to, misled and cheated it either deflates you or emboldens you. I'm embolden.by your story and fight, the veterans here embolden me by the different methods and ways they over came.

VA Fast letter 13-13 dated June 17, 2013 states properly considering an appeal that involved TDIU If And Then The Veteran has filed a Notice of Disagreement (NOD) regarding an increased evaluation for a service-connected disability While the appeal is pending, the Veteran claims TDIU due, at least in part, to the disability on appeal AND the rating decision denies the TDIU claim The TDIU claim is now part of the pending appeal. VA should send the Veteran a Statement of the Case (SOC) Or Supplemental Statement of the Case (SSOC) regarding the TDIU Veteran Veteran Veteran Filed notice of Disagreement received April 21, 2006 for Narcolepsy Claimed TDIU September 20, 2006 (see Evidence in DRO decision February 16, 2010) VA failed to make TDIU a part of the pending appeal see Supplemental Statement of Case October 10, 2009 VARO decision December 17, 2007 TDIU denied VARO decision October 10, 2008 TDIU denied I felt the board made a error with my TDIU claim when VARO denied it and didn't send it up to BVA to make it apart of the pending appeal.

2009 SSDI states: The claimant has the following impairments narcolepsy with cataplexy; obstructive sleep apnea; rotator cuff tear of the right shoulder with acromioclavicular joint arthrosis, status post arthroscopic repair of rotator cuff tear with acromioplasty and clavicle excision in April 2005; recurrent right shoulder rotator cuff tear in the anterior supraspinatus tendon diagnosed in early 2007 with evidence of significant artifact from his mental anchor in this region; depression; and post-traumatic stress disorder (20 CFR 404.1520 (c). Due to symptoms/ signs of narcolepsy, the claimant is not able to drive or sustained wakefulness/alertness on a consistent basis throughout an 8 hour workday. Due to the severity of his sleep mental disorders, the claimant is limited in his ability to maintain concentration, which restricts him to no more than unskilled simple tasks. Secondary to orthopedic problems, the claimant is limited in his ability to lift/ carry at more than the light level of exertion and he is unable to use this right upper extremity for reaching activities or tasks that require significant repetitive movements. Considering all of the evidence of the record, especially in view of the severity and persistence of the claimants narcolepsy and sleep apena, the undersigned concludes that the claimant is unable to sustain work activity at even the sedentary level for eight hours a day, five days a week or an equivalent work schedule. 2014 SSDI states: Does the Claimant have a severe impairment? YES The claimant has diagnosis chronic adjustment disorder with depressed mood, post-traumatic stress disorder (PTSD), major depressive disorder, narcolepsy with cataplexy, torn rotator cuff bilaterally, rheumatoid arthritis, obstructive sleep apnea, limited motion of arm, hyperlipidemia, and chronic low back pain These impairments impose more than a minimal effect on his overall ability to do basic work activities. Therefore, it is concluded his impairments are more than non-severe Berta I want to thank you first for taking the time you are truly Precious!!! im learning alot from the CUE form Im no where near as knowledgable as you and some on here this was a quick reference of my TDIU Narcolepsy required 2 naps throughout the day USPS could not accommodate retired on disability due to Narcolepsy and sleep apnea 9/2006. Applied for SSDI and TDIU same date 09/2006, ( Narcolepsy 10%, OSA 50%, knees and feet 20% shoulder 10%) and filed claim for Narcolepsy increase. First came SSDI approval 2/2010 effective date 09/2006, submitted SSDI approval to VA TDIU claim..specified Narcolepsy and sleep apnea. Second came USPS approval for disability retirement in 2010 effective date 02/2008 submitted that to VA TDIU claim, retirement specified Narcolepsy and sleep apnea. Third VA approves TDIU claim in 2010 effective date 02/2008 based on a combine rating. BVA 02/2013 decision approve Narcolepsy increase to 80% Applied for EED for sleep disorder and TDIU 2014 The earlier effective date for sleep disorder and TDIU sat around for years. With my 2006 increase for narcolepsy at BVA; it came back from BVA in 2013. During that time TDIU was denied twice 12/07,10/08 and thereafter granted 2010 with ED 02/08. Subsequently, I filed for an “earlier effective date” for sleep disorder and TDIU; that's when I made a (boo boo) an failed to specify the RO decision I was CUE.ing VA determined; I had a combined rating for TDIU and I therefore was not eligible for a total plus 60; as I did not have one disability rated at 100 percent; the 2013 increase BVA gave me for narcolepsy to 80% made me a 100 percent schedular. That is how VA viewed me. Combine schdular They let the TDIU and sleep disorder sit for years because of that belief, until the TBI and SMC appeal came up to BVA. Then the Board realized that TDIU and sleep disorder were never adjudicated by AOJ therefore BVA remanded TDIU and Sleep disorders to AOJ including TBI and dismissed SMC at the housebound rate. That's where I am right now. AOJ granted the CUE for EED for TDIU denied Sleep disorders EED and they granted TBI combined with depression (removed depression from secondary to OSA) with headaches and tinnitus. See decision NOW These two current AOJ rating decisions (no other claims on appeal) are going back to the BVA (after those adjudications) for additional arguments because they are now considered residuals of TBI.TBI being granted ( I guess ) opens a door for new effective date of when all the adjudicated claim symptoms arose, I’m going for the day after seperation Nov 1997 the date of the original claim. It's two ways to get SMC and I meet them both and I’m going to therefore ask for a Sympathetic Broad reading and that they respectfully CUE themselves. (smile) The BVA decision you shared showed me a path for my situation however my narcolepsy started while in the military and ended my military career because of it. I needed aid and assistance because of it while I was in the military. I had witnesses as well as doctors stating that. https://www.va.gov/vetapp09/files4/0935536.txt you think this BVA decision is geared more towards my TDIU situation.

CUED TDIU GRANTED but my questions after the decisions Will BVA re-adjudicate all claims on appeal to a Nov. 1997 Earlier Effective Date (EED)? I claimed them in Nov 1997 following a day after separation! They didn't infer SMC (S) or (T) Now that TBI has been combined with depression with a rating of 70%- previously depression was secondary to OSA 50% - depression 50% with an effective date of 02/2010. Can BVA change it from one disability to another? I had an C+P exam 1998 within one year after separation and depression was diagnosed. Why didn't it go back to the day of separation Nov 97. TBI is based on, Chronic Sleep impairment *(Does this mean they consider Narcolepsy and Sleep Apnea under TBI)? Depression Tinnitus Headaches Does this create new evidence for 38 CFR 3.156 (c)(1) for all those claims under TBI? Do I wait for a BVA decision to argue for EED for all claims that was on appeal? Do I ask them to CUE themselves? Do I CUE the “SMC” decision that was dismissed in my BVA decision 16-13-292 because the CUED TDIU has been granted with a new EED? The right direction VA decisions.pdf

Multiple all S/C and yep Voc Rehab did. and from now on I will be asking for a email hard copy from VA Roger that broncovet!!! Stay Alert! Stay Alive!

TBI GRANTED !!! First; I would like to thank you, thank you, thank you both for your input an knowledge. Second; Berta and broncovet you were both right my CUE was not properly calibrated. I didn't quote the regulation or the Law. I was all over the place with emotion. My shot group was not tight. That day you both commented on my question must have shook something loose they granted my T.B.I at 70%, secondary to T.B.I migraine headaches at 10% and granted tinnitus at 10%. (see attach) What was surprisingly weird was, for my remanded T.D.I.U. and sleep disorder pending claim was that someone from VA working from home in Honolulu (because of the pandemic) contacted me personally wanting confirmation of my SS and birth date to talk about my case and I said "these lines are not secure for that classified info. she then said to upload any evidence I have to ebenefits " (is that unusual or am I just paranoid)? Would CUEing and sending in evidence for the denied June 2019 SMC decision be advisable right now? or reopen with new evidence? because VA has not address S.M.C. even though the current grant of 70% T.B.I. puts me into the S.M.C. range....I received nothing in writing from VA yet. My S.S.D.I Hearing decision, VA form 21-2680, VA form 21-0960C-8, Voc Rehab letter, VA Mental health IMO and mental impairment questionnaire, 2 Lay letters, private and WRAMC Neurologist IMO/IME, all states "I need aid and attendance and assistance. it's all in my file. scan_20200924184748.pdf

Yes that"s my case...wow...I never seen it there. i still have alot to learn. DAV is not repping ever since they told me to drop all my claims once at 100% said I'm poking the bear. been on Hadit.com ever since I have not moved. Yes.. Rating Decision 01/30/2017 Decision: Service connection for left shoulder strain is granted with an evaluation of 0% effective May 10 2005. An evaluation of 20% is granted effective December 2, 2015. then later that year; Rating Decision 08/08/2017 Decision : Service Connection for left shoulder strain is granted with an evaluation of 20% effective date November 22, 2004 My other docket for my CUE for SMC's Docket No. 16-33 292

I'm S/C 100% TDIU , SSDI and Disability retired due to S/C diabilities (no SMC's) Narcolepsy 80% (sleep disorder) Sleep Apnea 50% (sleep disorder) Depression 50% (secondary to sleep apnea) left shoulder 20% right shoulder 10% knees and feet 20% #1 I was diagnosed and treated for Narcolepsy in Nov.1992 after a M.S.L.T in Landstuhl Germany. June 1997 I was given a another M.S.L.T and Polysomnography at Walter Reed they diagnosed me with long sleepers syndrome and ruled out Narcolepsy but the test also revealed OSA an PLMD. i was court martial out of the Military November 1997. November 1997 i filed for compensation Sleep disorder being one. October 1998 I was denied sleep disorder cause it was considered a congenital or developmental defect they never mentioned OSA or PLMD, i appealed and was denied again March 2003. DAV reopen my claim for sleep disorder Nov.2004, Dec.2004 and it was denied again May 2005. June 2005 I got a private IMO a MSLT and a Poly test. it revealed Narcolepsy, OSA and PLMD. I filed a NOD with new material Aug 2005 it was granted. VA granted effective date December 2004 i appealed the effective date they denied it. I filed a CUE it was granted July 2009 but VA only went back one month to November 2004. July 2014 I CUED the CUED back to November 1997. #2 September 2006 lost job an file for disability retirement due to Narcolepsy, Sleep Apnea and Right shoulder, submitted 21-4138 and 21-8950 September 2006 to VA for TDIU, Disability Retirement got approved February 2008, TDIU got approved February 2010 effective date February 2008. July 2014 I CUED the TDIU effective date back to September 2006. March 2015 BVA wrote this: In July 2014, the Veteran raised the issues of whether there was clear and unmistakable error in the assignment of the effective dates for the grant of a total disability evaluation based on individual unemployability due to service connected disabilities (TDIU) and for service connection for a sleep disorder, but those issues have not been adjudicated by AOJ. therefore the board does not have jurisdiction over them, and they are REFFERED to the AOJ for appropriation I have not received anything on this since this.