GulfWarVet1990

The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:
Granted
The judge granted the following issues:
Increased rating,   100% rating for individual unemployability If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.
Now the long wait and hopefully I can move to that forever home. 🏡

Which ever VA Form 2122 is filed last will have the POA for you.  That doesn't mean that the other claim wont be processed just that lawyer/VSO will not have access to your VA file.  We require a letter of release from lawyers before we will assist veterans since the lawyers make money from claims/appeals and VSOs dont.

There used to be a rule that if you file a claim while another claim is pending, it becomes part of the pending claim.  That rule came about around 10 years ago if I remember correctly.  I am not sure if it has changed again since then.
If it is the case, not sure what would happen.  Maybe someone who has done can opine.
Carl
Good luck!

@Gulfvet45See my post Feb 7 in this earlier post.  I did receive retro pay. 
 
Good evening all, just checked ebenies, retroactive SC date granted, and a nice deposit to boot.  😀
Thank you everyone for sharing information and encouragement. 
I would encourage anyone to save your paperwork, hold onto any piece of paper the VA send you.
This helped my claim re: environmental hazard conditions-Gulf War.

Thanks Marine Corp for the advice. 
LOL I'm a Ms. G 😄

As I have already posted several times I had great excellent results with Dr. David Anaise and his helping me win a recent OSA Sleep Apnea appeal secondary to PTSD with also SMC-S and five years backpay and also a BVA remand on another medical issue appeal that is still pending.
His opinions carry great weight with the BVA as his is a 30 Year MD and surgeon in both the military and private practice and an expert and book author on veterans disability claims.  He is also a veterans lawyers if you feel need for a lawyer to represent you.  This is my last comment on the topic. Do your research on this forum for more info.
My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Gulf War VEt:
    My advice is to wait on the decision AND review your file, especially paying attention to these 3 things:
1.  Did the decision, in the evidence section, omit any key evidence?
2.  What was the Decision's "reasons and bases" for conclusion, and do you have evidence to refute their reasons?  
3.  Read your nexus statement(s).  Did they meet VA's criteria?  Here is what you need for a good nexus.  
    a.  Competent doctor, (an audiologist, or other medical professional will suffice, it need not always be an MD.). experienced in diagnosing and treating your conditions.  Best is to include the doctors CV, demonstrating he is an expert witness fully competent and capable of diagnosing and treating your condition.  
    b.  The examiner states "he reviewed your medical records". 
    c.  The nexus is in a format suitable for VA.  It should not say, for example, your condition "could be" (or may be) related to service.  Instead, it should be in the format "at least as likely as not" related to an in service event. 
    d.  The examiner should include a medical rationale as to "why" he made said opinion.   
    e. The exam or opinion "should be at least as thorough" as the exam you are trying to refute.  Example:  If your doc provides an xray or other medical tests to support his opinion, this should suffice.  
     Its true the BOARD can use one docs opinion over another, but they must state in reasons and bases as to why they did so.  

Gullfwarvet 1990 In your request for appeal via NOD and/or BVA appeal make a statement that you believe the C&P examiner's negative opinion was inadequate and/or defective for one or all of the following reasons.
1.  The examiner offered no detailed explanation rationale statement for his negative opinion and/or rejecting your doctor's IMO.
2. The VARO reason and basis for denying your claim was inadequate as the rater offered no detailed rationale explanation  for denying the claims and the VARO ignored, rejected your doctor's IMO without providing explanation why his IMO was not adequate or ignored.  
3.  Both the VARO rater and examiner ignored or found inadequate without detailed explanation your other favorable medical and non medical evidence to support your claim.
4. You and/or your doctor should make positive explanation statement why you believe your evidence and his/hers nexus opinion is more adequate and creditable than the VA examiner's and rater's negative opinions and reasons if any.  Key word to use is CREDITABLE.
This is just a few of the many reasons you can rebut both the VA examiner's and rater's negative opinion and decision against you.
Standby your own doctor's opinion till the end.
Many mean minded or lazy paid VSOs do not want veterans to know the above information as the VSOs would have to do a lot more work in preparing rebuttals to VA denials and/or  also more work in appealing vets claims. They should be fired and sent to rest with the worms.
Prior favorable BVA decisions cannot be cited or used as proof to help you with your claim and appeal however the BVA information in those decisions such as above can be very valuable for you to use in your own arguments for the BVA or VARO claims, and appeals. Works for me and there is a ton of good stuff in those BVA decisions (a regular gold mine) I will soon send you by private msg a few of these BVA decisions granting overweight vets like me OSA due to PTSD and PTSD medications.
In most favorable BVA decision the judge will consider and weigh the evidence and the opposing opinions of VA examiner, rater and the vet's own doctor's MO plus other evidence and give benefit of the doubt to the vet or find the vet's argument and IMO, evidence in equipoise and therefore grant the vet his appeal.
Good luck and I will see you at the rodeo.
My comment is not legal advice as I am not a lawyer, paralegal or VSO.
 

Gulfwarvet 1990 I won a recent OSA Sleep Apnea with CPAP appeal from the BVA due to several factors such as
1. A great deal of favorable medical and non medical evidence I provided in claim and appeal to support my claim that my OSA was secondary to my long term Vietnam PTSD and PTSD medications including providing recent research medical studies, treatise, reports, etc. from prestigious places such as Mayo Clinic, Walter Reed, Cleveland, others, showing a strong association cause and effect of OSA due to PTSD in combat vets. 
Many BVA decisions have granted vets OSA due to PTSD based on this evidence alone and with and without a doctor's nexus opinion. I have read these decisions and BVA often says the VA examiner's negative opinion was inadequate or defective.
And like me many of these vets have been overweight for many years.  They also presented successful arguments with studies that their weight gain was due to long term use of PTSD strong medications
2. VA Doctors and nurses notes on diagnosis of my OSA at the VA Sleep Clinic that stated my long term PTSD and PTSD medications contributed to my OSA and it's severity including on Axis III.
3.  A 2019 22 page nexus opinion statement from Dr. David Anaise stating my OSA is due to my PTSD and VA service connected Agent Orange Heart IHD/CAD Ischemic Disease.  He gives a detailed explanation rationale for his opinion along with other medical references to support his MO.  He states truthfully he has reviewed my Army, VA and private medical records from 1970 to 2019.
A key statement he made was that all Obstructive Sleep Apneas have mixed components of central and obstructive apneas and that it is the brain misfunction sending signals to the other areas that cause this disorder due to PTSD mental effects.  This is a Non quote and a only a close paraphrase by me. 
He included his long established credentials of a 30 year MD surgeon and expert on veterans disability claims including book author on same subject. Many BVA favorable decisions for the vets have cited him by name or initials.
Here is an example of outright deliberate lying BS put out by the administrators of another  location (not this forum). 
"If you have OSA vs Central sleep apnea the link to PTSD is shaky at best. Any opinions are likely going to be challenged by the VBA requesting a c&p and they'll likely give better supporting evidence than anything you pay out of pocket to get".
What they never tell the vet is he or she stands a very good chance of winning their claim on appeal to the BVA who in my case also said the VA examiner's negative opinion was "inadequate" and on appeal of another issue the BVA said the same examiner's negative opinion was "defective".
Do not give up hope and be discouraged by other  misinformation from anyone.  I know their motives for such BS.
"The Federal Circuit in Hensley v. West, in considering the use of treatise evidence to support the medical-nexus requirement of a well-grounded claim, stated:  "A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case."  Hensley, 212 F.3d at 1265 (citing Wallin, supra).  The Federal Circuit then held that on remand that treatise evidence "should be evaluated to see if it supports a nexus. . . sufficient to meet the low threshold of the well[-]grounded claim requirement." Ibid."
 My comment is not legal advice as I am not an attorney, paralegal or VSO.
 

I did an appeal on this time and again. The problem is that the VA examiner does not account for the medication you are taking for the treatment of your PTSD that is known to cause the weight gain might be something your other opinion accounted for.  The RO also needs to account for the the general council opinion on obesity Bing the linchpin between the service connected condition and the secondary condition of sleep apnea.
read this link and appeal to the Board as most of these claims are won at the board and or the courts and not the RO level.
https://ngwrc.org/updates.htm 

The IMO that you have could be inadequate if all the bases aren't covered. 
1. It has to state that the veterans pertinent medical records were reviewed.
2. The IMO at a minimum needs to say "at least as likely as not." 
3. Rationale on the medical opinion needs to be in there. Just can't give a medical opinion with rationale. 
4. The doctor's credentials must be listed as well. 
The only one time I needed an IMO, I asked my personal orthopedic surgeon if he'd support me because a VA NP kept saying that an abnormal gait could not cause knee and back issues. My orthopedic surgeon said that was just plain wrong. I wrote the IMO for him and just had him sign it, and the claims were finally granted. 
 

I understand.  My actual intent was to provide the minimum necessary.   That is why we are all here.  To point out mistakes to make it easier to understand.  Fighting the VA is hard enough.

@GulfWarVet1990Sounds like your VA examiner never took a college-level psychology course. Did your IMO describe how psychological issues can manifest themselves physically? Looks like the VARO failed to consider relative equipoise.
I have noticed in my own claims and from reading posts from others, in many cases VARO staff tends to side with the VA examiner too often. It's like they are supposedly being told that they cannot make a medical decision, so just take the VA examiner's opinion over that of a non-VA opinion. I had this happen a couple of years ago after filing a heart attack claim. The VA NP opined against SC despite having a strong IMO from a non-VA specialist. The person who worked my supplemental simply took their examiner's word and even failed to notice that they opined on a condition I never claimed and was not even related to my heart. That's why it is very important to get a copy of the VA's C&P findings and review them for stupid mistakes like this. Of course, I filed an HLR and asserted CUE by opining on the wrong decision. The DRO saw my non-VA specialist was very thorough, acknowledged the error, and granted SC.
It looks like BVA cases are now taking much longer than ever before unless a vet has a reason to justify advancement on the docket. From recent posts by other vets, they are still working appeals from 2018. Mine was submitted a year ago and I still do not have a docket number, so I estimate it will be reviewed in 2024 or later. BVA closes the door to new evidence just like HLR and get into a potentially very long line.
My supplementals and HLR each took about 4 to 5 months, but that was pre-covid. For my heart claim, I opted to go supplemental first in hopes they would get it right in just a few months. After submitting several CUE claims, one was granted at the supplemental level, another granted at the HLR level, and another denied at HLR because someone failed to read my evidence and is currently in the appeal line at the BVA. That just shows that you can get a mixed bag of results regardless of which path you choose.

Good evening, one thing have a I learned throughout my years of C & P exams is to not to argue with the examiner. 
However, no one ever told me how to handle an argumentative examiner. 
First off, C & P Exam is for a 20 year NOD that was never adjudicated. (you might have seen my previous post)
About 7 conditions all related to Gulf War and Environmental Hazard Exposure.
Gulf War included - Chronic Fatigue and Joint Pains. 
I had a C & P exam today with a VES contracted Provider for what I thought would be an examination for all the conditions that were not adjudicated. 
I called Veterans Evaluation Services (VES) in advanced and  inquired which conditions were on the schedule, of which they listed all that were not adjudicated. 
So during the exam the doctorr did not ask me about CFS or GF issues, so I asked him if they were on the list, and if he will be examining or asking questions re: aforementioned.
OMG - he ranted on and on about he did not need to examine me for these conditions because I did not have a diagnosis.  And why he did not need to examine me for the conditions. I have no idea what he said after that because I totally shut down.
He never answered my question although i asked him twice if CFS was on the list of conditions for examination. I left the appointment more stressed than when I arrived. 
He also spent a lot of time explaining himself about how many Veterans he has examined, how many years he has been a contractor with VA, how poorly kept other examination offices were, etc. All unnecessary and irrelevant. 
He also asked me questions that were not relevant to my exam such as "if my family lived in the area, am I from the area, and how do I feel about the war in Ukraine". Totally not professional. He also gave unsolicited stories  about some of his patients, and their conditions, I guess to let me know he was familiar with VA examinations. 
I've never come across someone as unprofessional as he in a long time.  
Can anyone tell me where I can report this "provider" for his unprofessional behavior?
Thank you. 
 
 
 

I had one crazy exam doctor ask me about my religious feelings.  He asked if I was a Christian.  I thought he was nuts. I told him I believed people who ran the VA would burn in hell for their sins.  That shut him up.

"Can anyone tell me where I can report this "provider" for his unprofessional behavior?"
 
I didnt read the whole thread- someone might have already advised this:
Check out the xaminer  by name at google to see if he is really a doctor. If he is a doctor see if he has any expertise in your type of disability.
You can report him to LHI ,their contact info is here under a search, but I think you should also call the White House Veterans Hot line-
1- 855-948-2311
I got many posthumous C & P exams on my dead husband.They were all VA BS.
In the last one, the examiner said it was an "inperson exam".
By then my husband had been dead for over 20 years. I raised all sorts of hell.
I have contacted Sec Mcdough on some problems VA has, but another situation has prevented me from having the time to do that regarding these C & P quacks.
Here is the email I use to reach him.
denis.mcdonough@va.gov
 

What I finally did, when the VA REFUSED to adjuticate an unadjuticated claim, I (eventually)  filed a writ of mandamus.  The Writ looked very bad for my RO, and I amazingly won my 100 percent benefits within about 3 months after filing the writ.  Coincidence?  Hardly.  
Yes, the writ was dismissed (denied), but only AFTER the VARO responded to my issues where they basically promised to adjuticate them and asked for a dismissal.  
So, I fought VA for 7 years to adjuticate an unadjuticated claim.  No dice.  Then I file a writ...and "poof" VA promises to adjuticate and the writ is dismissed.  They could no longer hide the unadjuticated claim.  

Ok, update is that the appeal has officially been filed by the attorney.  Here's what it says.
 
On April 22, 2020, VA issued a rating decision denying entitlement to service
connection for obstructive sleep apnea. Mr. D requests a Higher Level Review and
informal telephone conference with higher level reviewer in accordance with the AMA
of this Rating Decision.
 
Issue I: Under the correct application of the provisions of 38 C.F.R. § 3.310(a)
Mr. D is entitled to service connected compensation for his
D's disabilities from insomnia and sleep apnea as
 secondary to
his service connected disability from PTSD.
VA’s April 22, 2020 rating decision explained the reasons and bases for its denial
of secondary service connected compensation for his disability from sleep apnea as
secondary to his service connected PTSD as follows:
 
 
VA did not address the argument that was raised by the evidence submitting as new and
relevant. Mr. D submitting medical evidence that his insomnia was at least as likely
as not related to his service connected PTSD. Therefore, Mr. D was entitled to
consideration and a grant of service connection for insomnia as proximately due to or
the result of his service connected PTSD. Neither the VA examiner nor VA addressed
entitlement to service connection for insomnia. Furthermore, Mr. D submitted
medical evidence that his insomnia aggravates is OSA. Pursuant to 38 C.F.R. § 3.310(b),
any disability that is aggravated by a service connected disability is entitled to service
connection.
 
Therefore, based on the evidence submitted, VA was first required to adjudicate
entitlement to service connection for insomnia and then address entitlement to service
connection for OSA based on aggravation. VA failed to do so and the higher level
reviewer must correct this error.
 
CONCLUSION
 
Mr. D is entitled to service connected compensation for both insomnia and
sleep apnea as secondary to his service connected PTSD from May 15, 2019, the date of
his intent to file claim which was followed by a VA Form 21-526EZ on June 17, 2019.
Mr. D requests that he not be contacted but rather his representative will
conduct the informal conference on his behalf. In order to assist in scheduling the
informal telephone conference, it is further requested that VA’s higher level reviewer
contact Mr. D’s representative via his e-mail address: carpgh@mindspring.com
regarding this request for a Higher Level of Review of VA’s April 22, 2020 rating
decision.

The VA is supposed to do a c and p exam in at least these circumstances:
1.  To determine the etiology of the issue, that is, if its SC or not, and, that evidence is not in the file.  
2.  If/when an etiology(aka nexus)  is already in the file, but the symptomology for rating is not documented.  
     If a Fenderson (staged rating is indicated, those symptoms will need documented.  
Since you were scheduled for an exam, that indicates:
A.   You have at least 2 of 3 Caluza elements.  In other words if you dont have an "in service event"(or aggravation) for the item claimed, there can be no nexus.  
B.  OR, the VA has all the Caluza's and is documenting symptoms for a rating.  
      The above, in my opinion, means there is a good chance your benefits will be awarded, "Unless" you get an unfavorable C and P exam.  
     My advice is to get a copy of the c and p exams asap.  And, make sure you know the "Doctor" examining you''s name.  
     Why?  Because sometimes the VA sends you to an exam when the examiner is not qualified to render a professional opinion.  As an example, a MD is not an "expert witness" if he has no training or expertise in your malady.  If this is the case, then you should challenge the competency of the examiner.  Your examiner should have serious training and experience diagnosis and treating your kind of illness.   The VA sent me for an exam to an MD, with absolutely "zero" knowledge or experience in sleep medicine, for example.  She is not competent to opine on the etiology of my OSA claim, as she has no experience.  

This mean the 8 issues were appeal and ro never cretifed it to bva.
Which means that remain pending in appeal status. For 20 year smh.
I have a appeal pending like this it was only 8  years pending.
My? Was any of the condition granted in 20 years.
Yes they will try an stage rate you for 20 years.
They stage rated me for the 8 years.
I really never understood the comp exam. For a doctor to tell how disabled you were over those 20 years
But I had one too it help with the 8 years tdiu retro.
 
Because I hadn't work since service.
Good luck.
My decision is posted on hadit
 
 
 

We are all heroes my friend. We were lucky enough to survive. I applied back in 1997 when I was homeless and received a letter stating I had just received a Social Security Disability award. The letter stated from VA was that I was not entitled to a VA Disability Pension because they were both government programs and that I couldn't collect both at the same time. Fast forward 20 years later and it worked out for me. I got lucky. My Examiner was contracted with VA I believe only one day a week. Fridays. She was a good listener. And I had quite a lifetime story to tell. Plus a lot of proof of my medical issues since Vietnam. I just wish it had happened decades ago. Life would have been much easier for me. But i am not through yet. Hoping to catch Mom who passed on at 91.

At any time, the VA finds missing claims in the record, they will call it an unadjudicated claim and try to complete it. This is how I won a 1998 effective date. Then again, the VA could call it a CUE, you never know until you get your decision. After I was granted/awarded 100% P & T, the VA called me and asked if I wanted to withdraw all my appeals. I said no, I wanted my claims rated, if I had withdrawn my appeals, I would have given up tens of thousands of dollars.

They don't call this a cue.
Because there is no final decision that was made on the appeal from 2005.
If they grant any of the issues the effective dates for those issues will be 2005.
There is nothing to do unless you got more medical records from between 2005-now.
That you feel they don't have I would send them.
Nothing to do be wait on the decision.
 

Ok this is call a appeal that was left in pending status.
This is how I got 8 years retro tdiu.
It sound like the ro never cretifed the appeal to the board.
After the nod. So it remain Open.
And now they have to get you a decision on the other condition that remain open.
 
 
 

Congratulations!!