Cloudbuster

Well I been thinking, for this to have a better chance of a EED at the court to challenge the DBQ and misdiagnosis from 2011 would I need to have Sleep Apnea Direct Service connected? Or would it also work on a secondary basic? GBArmy I have to figure out a good lawyer to many show up when I do a search. You are right it could be a good investment. brokensoldier244th I served in Afghanistan 2007, 2010-2011 pacmanx1 I think I was technically never diagnosed then as it was taken away by that second Doctor in 2013 DBQ. So I had the symptoms of fatigue/sleepiness so I would say that would mirror more the 30% SA. I was never prescribe bed rest. This just get better, I just saw on my STR Anemia mentioned and I was prescribed Folic Acid in 2011 during service because labs showed anemia with a macrocytic character. Anemia is under the Problems Chronic area. Hmm maybe now this explain why the VA ordered the CFS DBQ. But It seem sleepiness is not part of CFS, only on of SA. So I guess the VA tried to help me by providing the CFS DBQ but then just left it there. Maybe if they would have ordered a SA DBQ I would have gotten service connected but then I did not had a diagnosis or sleep study back then. But they saw/knew I had that fatigue/sleepiness issue and then left it there. I was not aware that something you could claim back then. Maybe that could help me in the court the fact the VA ordered that CFS DBQ proving they knew I had the issue but did not bother getting me a proper diagnosis. Not sure if the rater is obligated to order another exam to figure out why my fatigue. Im still waiting for my C-File, last time it was denied because VA somehow though someone else was requesting my C-File I appealed and still waiting.

GBArmy I looked at my rating code sheet and all disabilities are Static. Yes I believe if I get this one connected at 50% it would take me to the 100% club. I just have to figure out if is worth trying to get them to change the effective date if I do get it service connected to 2011 but that might be a big challenge or impossible.

HI, I never appealed the 2013 decision as I got a 50% and was happy. Now that I am a few years older and looking at my VA records found this DBQ and was wondering why it was not listed on my rating code sheet, that why I came to ask for advice. So this are the official conditions claimed on my pre-discharge disability claim in 2011 that was decided on 2013. LF 3rd finger loss ROM (New) LF hand crush injury (New) lower back condition (New) numbness and tingling LF 4th and 5 th fingers (New) RT foot condition (New) scar lower back (New) We VSO or I never claimed for CFS but somehow the VA added that DBQ and two of them it seem, I dont have copy of the 2011 exam. I believe I dont have Chronic fatigue but my fatigue now I know is due to my recently Diagnosed Sleep apnea. So that means I been showing the fatigue/tired/low energy symptoms since 2011 but because they never gave me a sleep study somehow I was misdiagnosed with CFS. The CFS DBQ from 2011 and 2013 is listed on the decision letter as considered evidence. But is not listed as denied, as I never claimed it but somehow I got two exams for CFS based on me reporting to feel fatigue/tired. My STR does have sleep disturbances on it. I found on my STR that I was prescribed Diphenhydramine to help me sleep in 2008 because I reported problems sleeping but no other specific symptoms. Right now I have service connected: 70% PTSD 10% GERD 10% Lower back 10%Hands finger 10% Right foot 10% tinnitus 20% Peripheral neuropathy right upper extremity 20% Peripheral neuropathy left upper extremity To recap: Active duty 2005-2011 I never claimed CFS. never got a pre-discharge exam It was only a pre-discharge disability claim. Exit exam have Frequent trouble sleeping with YES. Dr. comment say: sleep 5 hours night. I was diagnosed with CFS - not sure exactly by who, if it was a VBA Doctor or VHA Doctor in 2011. Then the CFS diagnosing was taken away by a BVA Doctor. Given two CFS exams. reported sleep disturbance while in service. Reported being fatigue and sleepy within 1 yr of getting out. been reporting to my VA Doctor fatigue / low energy on random days. Referred to the Neurologist to figure out why I feel fatigued. He suggested a sleep study. Never given a sleep study. This year I decided to get a sleep study done on a private clinic and came positive for OSA. Would start using a CPAP within the next two week. As this was done recently. So I would claim Sleep Apnea and then ask the Doctor if he can opine/ believe my misdiagnosed chronic fatigue syndrome back in 2011 was at least as likely as not OSA as I reported being fatigue/sleepy. What you guys think, would the fact that I never claimed CFS or SA be a factor for them to deny any possibility of an earlier effective date of 2011 due to the misdiagnosis. Any other advice. Thanks!

Hi. I see, then is that normal that they do a DBQ and the decision for such is not documented? Is not even on the rating code sheet so is like it never happened. the 2017 sleep study recommendation to my primary care was from the Neurologist at the VA not an exam by the BVA. But it was never done. the 2013 DBQ was a contracted exam and they send me a copy that how I saw the notes and was trying to put this together with my new OSA DX. I guess it suck, they did noticed I was having a severe issue of fatigue within that 1yr of separation but due to a wrong DX I missed out and you know you just let them win. Now about 10yr later Im trying to get what I deserve as I been having this issue all this time.

Hi, I try to keep it short and hopefully make sense. 2011 Aug - Got out did Pre discharge Disability Claim with VSO on base before I went on final leave. 2011 December - VA Examination, Chronic Fatigue Syndrome, I dont have a copy of this exam only the one from 2013. 2013 June - Chronic Fatigue Syndrome DBQ This Dr. typed in section #1 Diagnosis; If there are additional diagnoses that pertain to chronic fatigue syndrome, list using above format: The veteran was misdiagnosed in May 2011. He does not and he never did have chronic fatigue syndrome. in section #2 Medical History: a. Describe the history (including onset and course) of the veteran chronic fatigue syndrome: Veteran was tired and sleepy for a couple of weeks and was fine one month later. Asymptomatic at this time. 2013 Aug - Rating Decision from the 2011 claim it took 2yrs to complete. in this rating Decision there is no mention of the DBQ for Chronic Fatigue Syndrome in the denial area and there are no deferred claims. There are 9 claims some granted and denied but nothing about the Chronic fatigue. They only mention the Chronic Fatigue DBQ in the All evidence considered section: 2017 - VA Neurologist put on the comments for my Primary Care Dr. For Fatigue please consider sleep study 2021 - Was diagnosed with Obstructive Sleep Apnea by private Sleep Doctor 2021 - I got a Rating Code sheet and there no mention of Chronic Fatigue Syndrome. When I filled the Pre discharge Disability I dont recall we talked about Fatigue syndrome so I am pretty sure it was not part of the claim, but somehow the VA ordered a DBQ for it maybe because it was within the 1yr mark since I got out that I was diagnoses with Chronic Fatigue Syndrome. Would this be considered some type of Duty to assist error? as the C&P Doctor said I was misdiagnosed but then the VA did not order a sleep study to figure out my fatigue back then. So all this time I been having low energy levels / fatigue / sleepiness due to the Sleep Apnea since I got out but I was misdiagnosed and not given a sleep study. Heck even my primary care Doctor failed to follow the Neurologist suggestion to order me a Sleep study. What are the chances that the VA would grant Sleep Apnea back to 2011 since I dont recall claiming it but again somehow they did a DBQ for the fatigue issue. Thanks.

Hi, is under code 9411 only have it as PTSD - static at 70%. Tinnitus - 10% and other musculoskeletals. the issue the VA denied headaches as primary and I was going to claim it as secondary. as the cause for headaches in service was the lumbar puncture I mentioned earlier but I know that not what is causing them now so I assume is imposible to have a nexus for my current headaches base on that. As now I noticed when I’m stressed out/ anxiety attack I start having the headaches. so not sure if I can supplement that Primary denial and treat it as a secondary. something like during my last statement my headaches were cause by my PTSD that why I believe the rater added the Headache claim but it should have been a secondary. I believe the issue of secondary service connection was reasonable raised in the initial claim. would this work to keep that date? thanks.

Hi, thanks, I did a search and found what happened it was due to a lumbar puncture headache. So no way that is was causing my headaches now. Almost 20yr later. i believe now what causing my headaches is my PTSD. - Not sure if I should start a new topic or ask here. But having headaches denied as a primary can I claim them as secondary or once you have a condition claimed as primary it can’t be changed to secondary? That was added as part of the VA inferred claim I did not file for it, the rater or someone in the claim process added it because I mentioned I was having headaches in my statement for PTSD.

Hi, So what do you understand from this? photo in the Link - https://ibb.co/5Wm84vD I already got a diagnostic recently after the letter, So if I send the Diagnostic as a supplemental would they come back denying due to no nexus letter? Or is the nexus already covered? Also 3rd paragraph - the medical evidence support the conclusion that a persistent disability was not present. - would this be the next reason for a denial? how you overcome this? Around November 2007 I was in Afghanistan in the process of being medically transported to Germany and then WalterReed for another condition, I believe I left WalterReed around January or late December and that part of the favorable finding. When I complained of headaches. This last March 2021 I went to the VA Emergency Room due to strong headaches. I rarely go or complain I just pop some Tylenol or Ibuprofen and call it. Now I am taking Migraines medication Sumatriptan given to me by the VA. trying to get as much advise as I can before I send a supplemental claim. Thanks.

Hi, I think I understand better now. They say (initial PTSD exam... Decision makers must not accept in lieu of VA examination any DBQ that has been prepared by a non-VA provider and completed by means of telephone or videoconference examination) wording on the letter it make it sound that they do take in person private DBQ for increase but not for initial claim. So I guess if I file for increase and have a private DBQ then it would not be initial and they should take it. In case I have a bad examiner like the one I had for the initial claim. Yes I had a C&P done by the VA contractor LHI via telehealth for this claim. And was done for the initial PTSD claim. I got a 50% and they said I dint get 70% because I dint had the symptoms and give you the list for 70%. then I argue on a HLR that I did meet the 70% rating and got it increased to 70% via HLR but I cant argue a HLR to tell them that I do also meet some of the symptoms of 100% as they said I dint not got 100 due to not meeting the symptoms. So I guess I leave this one as is for now, and wait to receive my other two decision letters for other condition I filed for. Thanks!

Hi, I just looked at the letter again and is Service effective Marc 2020 the 70% PTSD. Quick recap: March 2020 - Initial claim Aug 2020 - 1st decision letter with 50% PTSD Oct 2020 - send for HLR Feb 2021 - 2nd letter with 70% PTSD effective for March 2020 Also on the letter it have: After a review of your VA examination and VA medical records, we find that your symptoms support a higher evaluation. Some symptoms noted on your VA examination were not accounted for in your VA evaluation. Im not sure if I should supplement and send my dental records I had like 3 crowns, root canals done in a short period I was not aware that was part of the rating until the Private Doc asked me. But then the VA C&P did not ask anything I was surprised. 1-So the VA dont take private DBQ for MH only for initial claims? 2-Do they take them or give them more value for increase claims? -If yes do they care if it in person or via telehealth? I just want to be ready if I for some reason have to do another C&P and get a examiner like the prior one. I have two clinic near me that can do MH DBQ but I been seen at the VA and currently taking medication. Thanks.

Hi fellow Vets, So last year during the pandemic I finally applied for a PTSD disability. As I knew VA screw vets I found a Psychology that does DBQ and had one done via telehealth. Initial Decision letter for Aug 2020 I got a 50% I submitted a HLR and decision on Feb 2021 increased to 70% and this is on the HLR Reason For Decision We are unable to use your submitted DBQ as initial PTSD examinations must be performed by a VA professional. A telemental health examination report is only acceptable and actionable for rating purposes when prepared by a VHA or VBA contracted examiner in response to a VA C&P request. Decision makers must not accept in lieu of VA examination any DBQ that has been prepared by a non-VA provider and completed by means of telephone or videoconference examination. Because we were not able to use your submitted DBQ by itself to determine service connection, we ordered a VA Examination. Have a new DBQ completed via telehealth? And submit it via supplemental? Have a new DBQ completed via in person? And submit via supplemental? Or should I request a new increase and then submit a DBQ? I do believe I meet the 100 criteria. as explained to me by the Dr that did the DBQ. the VA C&P exam was quick and did not ask questions. Thanks.