ArmyRecruit85

broncovet, What is CAVC precedential cases and Caluza elements? I'm not familiar with those terms. Thanks.

Thank you all for answering my questions. The documents I received from the VA listed two options when appealing to the Board. 1. You may request a hearing with a Veterans Law Judge and/or the opportunity to submit additional evidence. 2. You may also choose for the Board to review your claim without any additional evidence or a hearing, which may result in a faster decision. I don't have any new evidence, except I would like to include several prior VA decisions such as this one: https://www.va.gov/vetapp16/files3/1624350.txt, which is closely related to my case. Which options do you recommend? Thanks. P.s. I would like to add that Dr. Anaise's office has been very helpful. They promptly answered all my questions. Although they advise going with Higher Level Review, I think by asking questions here helps me understand all my options.

Thanks everyone for answering my questions. I'll briefly describe my claim. I'm filing a claim for sleep apnea secondary to major depressive disorder with panic disorder and / or tinnitus. Service connection for both conditions were already established in prior claims. I was diagnosed by a VA doctor as having moderate sleep apnea and issued a CPAP to use at home. I have been using it for more than a year now. To establish nexus I obtained an IMO from Dr. David Anaise. I sent everything over to the VA back in January and recently got an answer from the VA denying my claim. This is what they wrote: "We have denied your claim for service connection for sleep apnea as secondary to major depressive disorder with panic disorder and/ or tinnitus because there is no medical evidence of a nexus between sleep apnea and major depressive disorder with panic disorder and/ or tinnitus." Dr. Anaise’s office recommends I file a Higher Level Review. They said my case is sound. It just needs to get to the right people who understands it. Based on what I read on this forum so far, the success rate for HLR has been depressing low. Do you think I should still go with HLR now that you know more about my case? Or should I just go directly to BVA? Thanks.

I'm filing VA Form 20-0996 requesting a higher-level review of my claim denial. There's a section on the form that states: "IF YOU WOULD LIKE THE SAME OFFICE THAT ISSUED YOUR PRIOR DECISION TO CONDUCT THE REVIEW, YOU CAN MAKE THAT REQUEST BY CHECKING THE BOX BELOW." Should I check the box? Thanks.