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joeyjoeyb

First Class Petty Officer
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Everything posted by joeyjoeyb

  1. Sorry LarryJ, Yes, I was given a sleep study and then another for my CPAP setting. This was all done within 3 months after retirement. So the VA has a copy of the sleep study and the diagnosis or course. The letter from my sleep doc (not the one that gave me the sleep study) has seen me since and was nice enough to write up something for me with his opinion.
  2. Well my NOD came back after 18 months and was denied sleep apnea again. I had asked to be at the De Novo review, but was never contacted. In a nut shell, I was diagnosed with sleep apnea 89 days after I retired. I have nothing in my SMR about sleep any sleep problems. They looked at all my evidence (letter from friend, letter from wife, letter from primary care manager, letter from sleep doc and my statement)...and this is what the SOC says: The cited evidence gives a history and diagnosis of OSA: however, there is no objective evidence that demonstrates this condition incurred during your active military service. The cited evidence appears to be a general conclusion based on your subjective history which is unsupported by clinical evidence and, as such, is considered inadequate for determining service connection. So I guess my question is what happens next? I am going to fill out the form 9 and send it in and wait in line. Should I get more buddy letters? Should I cite other BVA cases that were awarded with less evidence than I have? How should I write it up? When I went to my TAP class 3 months before I retired, a VA rep said that you have I year to claim anything that is not in your SMR. I should have never listened to that guy!! Any help would be great.
  3. They deferred my hearing loss and tinnitus. Here is the thing. I had a C&P and hearing test for my initial claims in 2007. I claimed a "right ear condition". Because I had my right ear drained a few times while on active duty and it always felt full and had that annoying buzzing. I did the ENT exam and then the hearing test. The ENT doc wrote up the report saying everything looked fine. He asked me if I was experiencing any hearing loss and told him yes and that I had a C&P the following week and we would see what the test shows. Well he submitted his report before I even had the hearing test saying all was good and I had no hearing loss. Well when I did the hearing test, it showed mild hearing loss in the right ear. Denied for right ear condition. So now fast forward to 2009....my hearing was getting worse along with the buzzing sound. So I went to an ENT in town through tricare and they did a hearing test on me. Well it had gotten alot worse. So I asked my VSO if I could reopen the claim. He said I would have to have new evidence. I submitted a claim for hearing loss and tinnitus. My local ENT approved me for a hearing aid. I went to my C&P on May 19 and had another audio exam. The right ear was worse. The audioligist asked me why did they not do an ENT exam on me back in 2007. I told her they did. Then she said "wow, they did it backwards", they should have done the audio test first and then ENT exam. I wonder why they did that way. I told her, that is what I was trying to explain all along. How could they write a report up in 2007, when he did not even have the hearing test yet. The doctor for my latest C&P hearing test, put that in the C&P notes, that I saw in ENT, but they did not have a hearing test available (because I did not do it until the next week), and that I had my hearing test done AFTER the ENT appointment. And back in 2007 ENT recommended an ENT eval to address conductive hearing loss in right ear. THAT NEVER HAPPENED So I am not sure if I am waiting for another ENT appointment now. Or is the VA looking to see if I was incorrectly rated back in 2007. If I get 10% for tinnitus (my hearing loss will get me 0% as of now), I am wondering if that could go back to 2006 when I first filed my initial claim. I was rated at 40% initially and got up graded to 50% in Nov 2008. So that 10% for tinnitus would have given me 50% way back in 2006. Do I have a possible CUE here? Do I need to call and set up my own C&P? Or wait to the VA to do it. I know this is rambling on a bit, but I have wondered since my intital exam, how could they rate my on the hearing loss and tinnitus, when they did my hearing test after the ENT appointment and the ENT doc did not have anything to base his decision on, except for looking in my ear?
  4. Put in for increase on 4 things back in Oct 09...went from zero to 10% on 2 of the claims and 2 were deferred. The two increases also put me from 50% to 60%. I am really happy. I am a little confused on the 2 claims that were deferred. I am not sure what that means exactly. It says in the decision letter that they were deferred for the following information : VA examiner's medical opinion. What does that mean? Again, wanted to thank this board. I sure wish I knew about it when I retired 4 years ago. Everything just makes alot more sense now.
  5. Been tracking a few claims I have in for an increase and the past 10 days or so my status on the site has gone from....Develepement stage to Decision stage and then to the Notification stage as of this morning and now has changed back to the Develepment stage...I am a little confused...Anyone else experience this?
  6. This is something that I am curious about as well. I was diagnoised with sleep apnea 3 months after I retired. Nothing in SMR...I did not even know what sleep apnea was. Filed a claim...denied because nothing in SMR. Asked for reconsideration with buddy letters and from my wife....letter from PCM. Denied saying lay statements do not establish proof. So now I have filed an NOD de novo reveiw. I am wondering if the DRO officer will take that being diagnosed 3 months after retirement into consideration when making a decision on my claim. I always hear that if you are diagnosed with something within 1 year of your retirement, the VA would side with you. Obviously, that is not the case for me.
  7. I wanted to thank everyone for their replies. I just get a little bummed out sometimes when I know that I should get service connected for this. I will just do what alot of you say on there.....go grab a pole and fish for a while. I have only been waiting 2 and half years....what is a few more going to hurt? LOL Thanks again
  8. Hello Berta, Thanks for asking about the buddy statements. The VA did acknowledge them in the decision letter I posted in this thread. My buddy letters all tell the squadron I was in and what they did for the military. Here is the letter from my wife: My name is XXXXXXXX; I am the wife of XXXXXXXXX. I reside with my husband at XXXXXXXXX. I have known my husband since September 1997, and we were married in June 1999. I have been with my husband every day since 1997, except when he was assigned to temporary duty (TDY), and have observed the effects of significant sleep disturbances throughout the duration of our marriage. Whether sleeping at night or while napping, XXXX routinely snores. Over the years, the snoring has gotten progressively louder, and occurs during every period of his sleep. In addition to the snoring, I have often observed him experience periods of silence and pauses in breathing during his sleep. Following these breathing interruptions, XXXXX will gasp for air, and either wake up or resume snoring. XXXXX snoring is a major contributor to his overall restless sleep. While sleeping, xxxx routinely moves his legs throughout the night. Our bedding is regularly disturbed; sheets become twisted, blankets and pillows end up on the floor, and I have witnessed visible signs of wear on our fitted bed sheets at the location of xxxxxx feet. For years, xxxxxx has complained of daytime fatigue and frequently makes statements to the effect, "I feel like I did not sleep at all." As a result of xxxxx restlessness, I often experience daytime fatigue as well. It is not uncommon for xxxx to move to the living room or guest bedroom during the night. On numerous occasions I have asked xxxxx to move to the guest bedroom as a result of his snoring. On many other occasions, he has relocated due to his restlessness or concern that he will wake me from my sleep. It came as no surprise to me that xxxx was diagnosed with obstructive sleep apnea and periodic limb movement disorder. I can attest with certainty, the symptoms associated with these diagnosis's were present for many years prior to the diagnosis date. I hereby certify this information is true to the best of my knowledge and belief.
  9. Berta, I submitted buddy letters and a letter from my wife that explains alot of symptoms. Not sure what else I can do. They denied it because they said lay statements do not work. It is in this thread the reason for the last denial.
  10. That is what I was thinking too VYNC, but everyone is telling me that sleep apnea is not on the presumptive list. I wish that was the case, but why does it have to all the way to the BVA if that is true about the year thing? Like I said, it seems the rules change as the claim goes up the ladder.
  11. Carlie, I am sorry if I seem a little mad, but I guess I am just tired of all the stuff you have to do to prove something that seems pretty obvious. I am not saying that I will eventually get approved, but when I see that case with the BVA, what am supposed to think? I have way more evidence and mine was only 89 days after I retired. So I have to think that I would get approved if that person did. Like I said before, I just wish there was rules out there that were set in stone. Not so much subjectivity and stuff. If you approve one with that type of evidence, then you should approve all.
  12. Thanks Berta, Here is the denial I got when I submitted the statements from my wife, friend and myself along with the statement from my PCM: The claim for service connection for obstructive sleep apnea is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. You were previously denied service connection for obstructive sleep apnea and were notified of the decision on August 10, 2007. As you have submitted new evidence in connection with the previously denied claim within one year of the notification of the denial, the claim will be readjudicated. Review of the service medical records does not show evidence of any diagnosis of obstructive sleep apnea (OSA) or any complaints of excessive daytime drowsiness. We reviewed the additional evidence submitted, including the lay statements from (My wife and a friend), evidence showing sinus bradycardia and the sleep study December 13 , 2006 by Dr. XXXXX, and the statements from (My primary care manager) Although (primary care manager) indicates in the statement you submitted that based on your history this condition began while you were in military service, as there are no findings in the service medical records to support this stated history, we must continue the denial of this claim. In Black v. Brown, 5 Vet. APP. 177 (1993), the Court determined that medical evidence was inadequate where medical opinions were general conclusions based on history furnished by the appellant and on unsupported clinical evidence. The United States Court of Appeals for Veterans Appeals stated in Espiritu v. Derwinski, 2 Vet. App. (1992) that hearsay medical evidence, transmitted by a layperson, cannot be sufficient weighted evidence. Where the determinative issue involves either medical causation or medical diagnosis, competent medical evidence is required to establish a reasonable possibility of service connection. Although the statements you have submitted were reviewed and considered, lay testimony, itself, will not satisfy that burden. So if I cannot use lay statements, how come the person in the link I provided, got service connected with only a letter from his wife. I would think that is a lay statement as well.
  13. Pete, I do not think I am missing any point. My point is...that if I am "eventually" going to get it service connected, why cannot it just happen at the lowest level. Why waste my time going through all these hoops to get something service connected. I believe I have to compare my situation to the link I provided because that is all I can compare it to. A person gets service connected by the BVA with ONLY a statement from his wife? I have done way more than that, so it would seem to me that I have established the proof the VA needs to service connect this. I do not want it to go to the highest level if it does not need to. I just wish they would just have rules in place to say "no service connection for you" for this reason and be done with it. But do not give me false hope!!
  14. I will probably get beat up on this, but am just not sure what to think these days. I will not go into great detail, but here is some back ground. I was diagnosed with sleep apnea 89 days after I retired from active duty. I waited to get a sleep study done for a few reasons, but the main one being this. I was told in my transition assistance class about 6 months before I retired (from a VA rep), that I had a year after I retired to get something service connected that is not in my service medical records. So I knew I had plenty of time to get the sleep study done after I retired. So a few weeks after I retired, I went to my PCM and requested a sleep study and was diagnosed with OSA and got a CPAP machine issued to me. (I had to pay about $300 out of pocket, as tricare paided 80%) My C&P exams were in April of 07 and gave the NP my sleep study and thought all was good. Denied because nothing in my SMR. So I got a VSO to help me. He told me flat out that VA will stick the "law" and not grant me service connection for something that is not in my service medical records. So I got buddy statements, a statement from me, my wife, a letter from my primary care manager and was denied again. This time they said that lay statements will not satisfy the burden of proof. So I filled a NOD De Novo review in Feb of this year. I got a letter from my sleep doc and submitted that as new evidence. So now I am in wait mode again. So my questions are this. If lay statements to do work, how come when you search the BVA cases like this one....http://www4.va.gov/vetapp09/files1/0903559.txt And the person won with ONLY a statement from his wife. Come on VA!!! I see people that have gotten SC with much less than I have at other RO's. (Mine is Atlanta) Alot of people have told me, including people from this board, that I will win "eventually". But why go through all this? I would be just fine with the decision if there was not so much subjectivity on everything. If the there were just rules that said "if you do not have anything in your SMR, you will not be granted SC", I would be ok with that. But do not get my hopes up and make me try to establish the burden of proof, when that does not work either. So when I see a case like the link above, what I am supposed to think. "Cool after 6-8 years, I will get it, when I should have gotten it to begin with". I mean, is this just a classic case of job security at the RO level? They deny, so the supervisors have a job...in turn they deny so the BVA has a job? Just does not make any sense. Like I said, if there were just rules out there that were set in stone, I would be all good. But I will have to just wait in line to eventually get something I should be service connected for years down the line. There are alot of people out there that should get service connected for things alot worse than OSA, I know that. I am just trying to go by the "rules" and am just not sure what the "rules" are.
  15. Jbasser, What do mean by timeline? Like when does he think it started?
  16. Broncovet, So that letter that is in my other post from my sleep doc will not work? Not sure if I can get another letter from him, but he would probably add, "more than likely" ???
  17. Pete53, I did ask for reconsideration the first time and was denied because they said it was all lay statements. Here is what it said and I quote " Although the statements you have submitted were reviewed and considered, lay testimony, will not satisfy that burden." Kind of stinks that they will not consider my wife's statement who saw first hand for 10 years how much problems I had sleeping.
  18. Well first of all...my VSO has told me that he does not think I will ever win this NOD because there was nothing in my SMR's about sleep apnea. I was diagnosed 89 days after I retired. I got some bad INFO during my Tranisition Assistance class from a VA Rep saying that you have 1 year after you retire to claim something that is not in your SMR's. I took that as the gospel and knew I had plenty of time after I retired to get the sleep study done. Big mistake, but I did not know any better. So when I went to my first C&P exam (Apr 2007) for all my claims, I added sleep apnea and brought my sleep study to the appointment. I thought it was a slam dunk. Well the VA denied it because I did not have anything in my SMR's. So then I got with my VSO and asked for reconsideration. Got a letter from my Primary care manager on base, a few buddy letters, a letter from my wife, a letter from me and a pretty generic letter from the doctor that read my test. They denied it again saying it was all lay statements. (denied Nov 2008) So I went back to a sleep doctor for some follow ups with my CPAP machine and mask problems and he said he would write me a letter. I filed for the for NOD the end of Jan and he gave me a letter in Feb. I sent in the letter to add as new evidence. Here is the letter: February 2, 2009 RE: XXXXXXXXXX To Whom It May Concern: I first saw Mr. XXXXXX in the office on 1-9-2009 for his problems with restless legs and obstructive sleep-disordered breathing. He had a sleep study on 11-28-2006 performed in another facility and interpreted by another physician as being consistent with obstructive sleep apnea with an apnea-hypopnea index of 5.1 and lowest oxygen saturation of 90%. He did well in the laboratory on CPAP at 9 cmH2O, and a trial of CPAP at home was recommended. Mr. XXXXXXX reports that his weight at the time of his sleep study was about 200 pounds. He retired from the military in September 2006. At the time, he reports weighing about 195 pounds. Thus, he gained only about 5 pounds between his retirement and his sleep study. Mr. XXXXXXX reports problems with abnormal sleepiness beginning around 1995. In conclusion, given his longstanding history of hypersomnolence and the stability of his weight between retirement and his first sleep study several months later, I strongly suspect that Mr. XXXXXXXX had obstructive sleep apnea prior to his military discharge. In general, this is a chronically progressive condition that develops over years, in the absence of substantial weight gain. Charles OrWells, Jr., MD Diplomate, American Board of Sleep Medicine CCW/JC Sincerely, Not the greatest letter, but the best I am going to get around here....trust me. The burden of proof is on me...I know that. But what am I supposed to do. I know alot of other people that have gotten approved with alot less. Just kind of frustrated about the whole thing. If I only knew what I know now!! My VSO says that VA will stick to "the law" and since there is nothing in my SMR's, they will continue to deny it.
  19. I filed an NOD back in Jan of this year for sleep apnea. This is what I submitted: Notice of Disagreement This is a Notice of Disagreement with your rating decision dated 12 November 2008, which denied my claim for obstructive sleep apnea. I request my claim be afforded a de Novo review by a Decision Review Officer. I would also request I attend that review. I believe my claim should be approved. Although there was not a diagnosis of sleep apnea while in service, there was a clear diagnosis shortly after being discharged (89 days after retirement date). Sleep Apnea takes time to progress and there is enough evidence of record that indicate the symptoms began while in service. I received the "we received your request"....yada yada yada I called the VA a few weeks ago to see if there was anything going on with my NOD. There was nothing going on, but the lady at the 1-800 number said that someone would call me. I received that call on Friday and basically the lady said that I was in a longggggg line and that it would be looked at in the order it was received. I asked her if I was going to be able to come to the review. She said no. Now I am kind of confused on how all this works. I thought that I would be able to be at the review, if and when that happens. Am I just totally wrong here? I did send in new evidence after I requested the review. Can someone help me out with the order of events. It is at the Atlanta VA regional office if that makes a difference. I really did not know that this could take 2 or more years. Thanks
  20. ok....got it...but what about the rating codes not in my decision letter?
  21. Well I just tried that and it just keeps looping like it is downloading and loops and starts over....then just times out. I have 3 computers in the house and it does it on everyone. I have even went to friends computers and it does it there too. I know it is something stupid I am doing, but I have no idea what it is.
  22. I am trying to view this on the ecfr.gpoaccess.gov site and when I try and go to the part B with all the ratings codes...it just keeps getting an error and it times out. Not sure why? Anyone have any suggestions or have another site I can view this? Plus I am rated for several things and the rating code is not listed in my decision package? Are they supposed to be listed in that package from the VA? Thanks for the help.
  23. Well I called DFAS again and they told me that my retro pay was being manually calculated at the moment. I then asked..."how can you calculate something when you said that you have not received the INFO from VA?" She did not have an answer for that...just repeated herself. What a joke!!
  24. Anyone else? Does it normally take this long to get retro from DFAS? Mike
  25. Hmmm...maybe someone can help me out then. I went from 40% to 50% in Nov 2008 dated back to Nov 2007. I received retro pay from VA very quickly. I called DFAS (the 1-800 mentioned in this post) yesterday and they told me that they show me getting CRDP since December of 08, but has received nothing from VA telling them that I have a year of retro coming. Before all this, I sent in IRIS inquires to ask them what was up to both VA and DFAS. Basically they both came back saying the other organization needs to do what they need to do. I am confused about the whole thing. I can understand if I am just waiting in line to get it, but that is not what they are telling me. They are telling me that VA needs INFO from DFAS and DFAS is saying they need INFO from VA. ??? Can I just send DFAS a copy of my award letter from VA and have them figure out what the back pay will be?
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