Hucast21

My appeal changed to the same status today. 
Hopefully, we get what we deserve. 👍

Well today it change to your appeal is with the judge.
Now my mind is everywhere lol.
I hope this journey is over
 
 

Dont lose hope.  Almost all of us are in your same boat.  "If" VA followed all their rules correctly, we would have to fire the entire BVA as well as the CAVC, as there would be no need for these organizations if VA fully complied with their rules each and every time.  
Almost all of us eventually won our benefits only after some sort of appeals. 
Be happy you know where to go if they deny you.  

You are going to have to channel that anger, frustration into positive energy to fight for your benefits if you want to win. I am sure you have read my posts how the VA and BVA denied my claim for years and when my claim went to the CAVC and they remanded it and then the BVA granted my service connection, stating that the evidence was always in my records.  We all know that there are a lot of bad decisions coming from the VARO and the BVA. It feels good when after so many denials you get a rating decision that states that the VA agrees that you have/had a valid claim and that they were wrong and they are going to pay you for your disabilities.  

All I can suggest is , if the remand does not award the claim or at least the Brain injury and TDIU, another strong  IMO/IME would be in order.
I had two very strong IMOs and a brief freebee opinion for a former VA neuro, to supprt my AO DMII death claim.
The VA had two ridiculous Endocrinologists opinions against the claim. The BVA order a Cardio opinion.Meantime I also paid for a forensic cardio opinion but I was sure a real cardio doctor would agree with my IMOs.
By this time I had spent over 5,000 bucks-but BVA awarded before the cardio opinion was done.The forensic people sent back about half of what I paid.
I got a PA opinion-on remand  and I immediately rebutted it with the BVA- the BVA had requested a cardio opinion, and they disregarded it and awarded saying the claim was at least in Relative Equipoise.The BVA agreed that the PA opinion was too speculative, and I pointed out medically ,with the C & P results, that  the PA, didn't have a clue on heart disease and diabetes.
It is a game- I had exemplary evidence- so do you but your IMO/IME evidence conflicts with the VA doctors.
Relative Equipoise is the secret to success. It means when the VA weighs evidence for and against a claim, and if they find the evidence is equal in value (and  it is often far better than equal, they award the claim.
But the VA can kick Blind Justice in the knee when they want to .and thus the scales go in their favor, until we fight back.
 
 
 
 
 

Vets, be confident in the CALUZA standard and similiar or like incidents in service treatment records.
People have opinions; however I subscribe to similiar or like in service incidents as the starting points.
It doesn't have to be the exact claimed incident, but similiar or like.
Often times after further medical work up, the correct diagnosis will be found. 
Kind of like nexus letter vs  nexus statement.
Doesn't have to be a beautiful letter, but a medical statement that is supported by facts. 
Hang in there Huecast 21.......
NEVER GIVE UP

I’m stubborn as they come Berta. I don’t put up with BS especially when I have the evidence to back it up. A veteran asking advice for obtaining an IMO/IME because of an unfavorable C&P exam is not some ungodly sin as some may think.
It’s the only way to counter a bad C&P exam. As Bronco mentioned, the culture of denial in the VA is rampant. 

Hucast-I think we were online at the same time.
Cruiser is just an internet bully and many vets are afraid of these bullies-
I am glad you took him on !!!!!.
I am not afraid of ANYONE.
And the problem I had here and my searches revealed information on this individual that I was absolutely stunned to find out .
 

According to the BVA chairmans report, of the appeals which reach the BVA, 33.8 percent of Veterans (VARO denials) are awarded, and another 40.6 percent are remanded.  This means that 74.4 percent of Veterans denied by the VARO are wrong.  The number is actually higher, because some board decisions are overturned at CAVC or Federal circuit, and still other denied claims are awarded at the SCL or HLR levels.  Further, many Vets denied at the VARO level fail to appeal, and "settle" for unfavorable results.  
Its no wonder with Cruiser training raters, that there is a culture of denial, and massive appeal waiting lists.  

Yep, its cruiser.  And, like Berta, I got banned for correcting Cruiser.  I wasnt buying Cruisers position that 38 cfr 4.16b, where it says, 
..actually means, according to cruiser, ALL Veterans who are unable to work due to SC disabilites will be denied because "I" have 20 years experience at the VA and because I say so."  
This is exactly the "culture of denial" at VARO.  Its why we have to appeal to win benefits and that takes forever.  

I don't think cruiser is still a rater-I wonder if he  ever really worked for VA.
When I corrected him ,with evidence from VA case law, on some ridiculous advice he gave 
veterans , a few years ago at that site, they banned me from the site.
However they did leave my correction up on the site.
Vet sites who condone bad advice loose members.
Worse of all ,is that bad advice , supported by no case law or regulation, hurts veterans and their survivors.
 
 
 
 

The answer you might not want to hear is “no one knows.”
The VBA will get around to it whenever they decide to do so. This is where finding a hobby can be beneficial as it serves as a much needed distraction from the VBA hamster wheel.
Regardless, I hope your decision will arrive soon and in your favor.

My attorney is none other than Mr. Matthew D. Hill himself from Hill & Ponton.

Yep, you are not the only Veteran who lacks both a nexus and the money up front to fix it.  VA docs love to provide missing, inadequate, or even unfavorable nexus statements.  Many times the only way to fix it is with an IMO/IME.  Keep us informed how this comes out.

Believe it or not, it was a VSO who told me to get a law firm involved after looking at my denial letter.
He said I had 2/3 Caluza elements, and a law firm would be able to upfront the cost for an IMO/IME if they deem a claim was strong enough.
Sure enough, Hill & Ponton took my claim and provided an IME. I went back to the VSO and told him that I had Hill & Ponton working on my claim. He shook my hand and said “congratulations, you just won your claim” and this was in 2018.
I guess even VSOs know which law firms has a good reputation when it comes to VA disability.
 

I think Matthew Hill posted here some time ago.  Yep, his thoroughness is not a surprise considering this law firms good reputation.  

I dont know who your attorney is, but it sounds like "he did his homework".  Its even apparent in your summary!
 I can see the Caluza elements even in your post:  
1. (Complaints from service) documenting in service event.
2. Current medical history (documenting a current diagnosis)
3. And, the magical IME nexus.  
     This sounds like a BVA decision, not cavc.  My prediction:  You will win.  
My reasons:   When you focus on "what's important" and do the 5 P's (Proper Preparation Prevents Poor Performance), it usually works.  
You document the Caluza elements, you win.  Period.  Read BVA decisions, they often state that "the criteria for SC has been (or has not been) met."  You meet the criteria by documenting Caluza elements.  
I can "smell" that win, over the internet!
Caveat:  Your nexus.  Im assuming this is a great, well reasoned nexus, complete with CV of the doc.  "If" you have a inadequate, or poor nexus, which I did not read, you are cooked.  No winner winner chicken dinner with a bad nexus.  

My Navy Federal Credit Union shows a $1400 deposit for March 17th 👍

NEVER GIVE UP...........
🤠

Yes, I agree.  It would be helpful to know if this evidence was previously considered, that is, was it in the evidence section of the decision? 

Yes, you can use this evidence to support your claim.

There is no way of knowing how long it will take for the VA to get to your hearing.  Yes, since your claim is still pending, you can take any and all evidence to your hearing and add as evidence to your current appeal. If I had positive evidence in my possession, I would never withdraw my claim. If the IMO can win a supplemental claim shouldn't it be strong enough to win your appeal/hearing?

I agree with the above.  I see it that you have some choices:
1.  Do nothing.  You will likely get denied, unless you already have a doc opinion your OSA is related to your PTSD.  
2.  Seek out other VA docs.  I happen to have a Veteran friendly VA doc, but those are hard to come by.  You can sometimes go to different docs to try to find a VA friendly doc who will supply a nexus.  
3.  Get an IMO/IME from a private doc. 
      There are "at least" 2 ways to pay for this.  
       A.  Give the doc your check or credit card, or talk him into taking it out of retro..  
       B.  Hire an attorney who knows docs, and can refer you to one and, sometimes the attorney will upfront the IMO fee for you.  Source:  ONE attorney did that for me.  
      Its not fair, but the reality is Vets who can figure out, the above, have an advantage over those who just say, "well I dont have the money for an IMO".  

MOST  VA  Dr's won't help us Veterans => VA is their Employer.

It just pissed me off as Flow1972 stated. I really felt that not only should VA not have denied my claim, the VA forced me to file a claim to the CVAC just to win my benefits. The records clearly show that there have been multiple mistakes, and no one wanted to correct it. So, when the CAVC remanded my claim the BVA had no choice but to grant it. Now getting the correct rating with my corrected effective date is all but a matter of time. I keep dreaming on that forever home and I think it is getting closer.