[Higher-Level Review Closed]

Yeah, I don’t trust the VA any more than the media. It took me 5 years to get PTSD service connected after appealing twice on my own!

[Higher-Level Review Closed]

VA.gov Higher Level Review status changed today from Closed to:

1. VA made a new decision

   on October 28, 2020

    

    

2. VA identified an error that must be corrected

   on October 28, 2020

    

 

Current status

The Veterans Benefits Administration is correcting an error

During their review, the senior reviewer identified an error that must be corrected before deciding your case. If needed, VA may contact you to ask for more evidence or to schedule a new medical exam.
 

 

what does this mean?

[Higher-Level Review Closed]

Thanks!

[Higher-Level Review Closed]

I filed a new claim for disability for Sleep Apnea secondary to PTSD in April, 2020. In November, 2019 the VA (at their recommendation) had me do a sleep study through the VA. The next day, the VA Doctor called me and stated: “The results of your sleep study done on 11/25/2019 show that you have sleep apnea which is overall severe. On average you took too shallow a breath or had brief pauses in your breathing 48 times per hour throughout the night (apnea-hypopnea index of 48), when normal is less than 5.” The VA immediately issued a CPAP machine to me.

As I stated, I filed the claim in April as a fully developed claim. I included the VA “Blue Button” record which included the above Sleep study report; a DBQ from a private physician;  a nexus letter from the same doctor for OSA from PTSD, and four approved VA case law Board of Veteran Appeals documents specific to secondary OSA from PTSD.

I had a stupid C&P exam via the phone from QTC in May for the Sleep Apnea. The claim was quickly denied, with the rating decision stated that although I have Sleep Apnea, it’s not related to PTSD. The examiner had stated that there is no relationship between Sleep Apnea and PTSD; and that’s it’s less likely that the PTSD and Sleep Apnea are related. 
I filed the higher level review on June 3rd. It took until October 20 to get a phone call from the VA for the informal conference. I explained to the reviewer why I believe the initial decision was inaccurate, and discussed my DBQ and letter, the Sleep apnea Sleep study, my diagnosis of severe sleep apnea, and the associated case law documentation I submitted with the claim. She advised that I’d see or hear something within a couple weeks. She also stated that “maybe the previous rarer didn’t review all the documents.”

well, I saw the closed higher level review in VA.gov today. As stated in the title that’s it’s closed. There are no changes in web edits and va.for. My current disabilities listed one benefits have not changed at all, and still list Sleep Apnea not service connected.

is this a denial? How could the VA possibly deny this claim with all my provided documentation?!! I am so sick of the VA!!

[Higher-Level Review Closed]

Current ratings:

PTSD 70%

Appendectomy with residual scarring issue 20%
Index Finger 10%

Tinnitus 10%

[Higher-Level Review Closed]

Your Higher-Level Review was closed

Your Higher-Level Review was closed. Please contact VA or your Veterans Service Organization or representative for more information.