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tk3000

First Class Petty Officer
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tk3000 last won the day on September 4 2017

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About tk3000

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    E-5 Petty Officer 2nd Class

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Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Army

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  1. L, an interesting article that somehow confirmed something I conveyed and knew from my readings of analogous BVA claims. Sure enough, but even certified mail can somewhat fail with the hectic way the VA handle paperwork. I did not know about sending it through ebenefits was an option, that is convenient!
  2. I got your point. And also there is a need to file and send that notorious form every year to showcase that we got no gainful and meaningful employment. Sometimes it occurs to me: what would happen if this correspondence gets misdirected by the USPS during transport? I would imagine that there would be some failsafe mechanism and that they would not instantly kick one out of IU; after all, correspondences are know to get misdelivered during transport sometimes.
  3. Yeah, I know that, but in a cinch it gives me safety net and a failsafe net in case I am out of IU for any reason. thanks for your insights!
  4. I read somewhere that ones primary or originated condition would be the main condition, in my case it is the left leg condition from which other conditions are related. For instance my MH condtion (which is rated at 70%) is mostly attribute to my left leg condition (pain and difficult of mobility). But, then, I also read somewhere that the condition with higher rating is considered the main condition which seems to be the correct one. I understand how the VA math works, the whole body theory and how the main condition can precede the other conditions that it ties together: after 70% disability, there would 30% of a whole body which the other conditions would affect, etc. But what are the odds that any rater would give anything but schedular 100%? Besides the MH rated at 70%, I don't have any condition above 30% so the SMC comes from the fact that I have peripheral neuropathy on my left foot rated at 20%. The neuropathy would be considered a loss of a sensorial part of the body and thus would grant me the SMC. thanks
  5. You are probably rated the SMC due to the 10% for peripheral neuropathy; a loss of a sensorial part of your body.
  6. I also happened to have neuropathy in my left foot which is a lack of sensorial body part and I believe that is what gives me the extra SMC compensation. You should have SMC too I assume. Yeah, it seems that sleep apnea itself and the plethora of other conditions you have would have an impact on you gaining weight, and thus also contributing to sleep apnea in a sort of vicious cycle since sleep apnea itself can cause fatigue (the machine is supposed to help with the fatigue caused by sleep apnea). You have been diagnosed and are service connected for depression and PTSD which are known to cause obesity. I believe that these conditions combined could conjure up a good case of obesity causing sleep apnea, but I doubt the RO would give it to you; it is a case for BVA to decide -- likely favorably. There is an actual case that was decided at BVA level for a veteran whose claim was that depression would lead to overeating which would then lead to obesity and consequently sleep apnea. I know that the BVA is not an independent court and does create precedent of ruling per say, but it is a strong case on your side and shows the likelihood of a positive outcome. Sure enough, calories intake, genetic predisposition, aging all cause obesity but physical exercise is probably the main tool to combat obesity. Make sure you always sleep with CPAP machine, the machine should help you have a good night sleep and wake up refreshed and reinvigorated; and most importantly, it could also save our lives. John, thanks for reviving the thread, soon this thread will be old and abandoned and maybe someone will necro-bump it.
  7. But according to the VA math that would put my overall rating above 95% which would translate to 100% schedular. Besides, I am already eligible to SMC, I receive it every month.
  8. No, I haven't started it yet. But I will file soon (intent to file). I believe that it can be done on ebenefits? I was not i a big hurry for two reasons: 1) it is not going to affect my level of compensation since I already at 100% due to IU, but it would put me in another bracket; that is schedular 100%. 2) I have a pending appeal with the BVA, but I don't expect that to be finalized any time soon. Another thing that is worrisome is how the VA operates with its lack of accountability and some many horror stories to go along with it. I have well diagnosed conditions whose rates have been increased by the BVA, I am afraid that it can prompt reviews of such conditions by the RO (as indicated by broncovet) which could then bring the rates down however absurd it may sound. And it may seems absurd, but sometimes absurdity is the norm with the dysfunctonal VA whose employees often amass to plot against veterans. Besides some of my disabilities are more than 10 years old (original diagnosed) , so they may have protective status. Still, the idea that they can wrongly and purposefully review my conditions is worrisome to say the least. My very first post in this thread is actually a rough initial draft of what my claim is going to be. What do you mean by "Reverse Nexus"? A flipped nexus? As building up of the case, I am beginning to collect medical evidence. The following is an excerpt from the notes taken by the VA primary care physician: “SLEEP APNEA: Discussed the various causes of OSA, and purpose of F/U to titrate pressure & fit mask. Pt takes trazodone prn, and is not on any meds that I know cause apnea. He says he has gained some weight since his prior study, and I agreed that this may have some impact.”
  9. Still gathering evidence. We can not go to the battle without body armor!
  10. In England, US, and Commonwealth jurisprudence and thus court decisions have precedent over codified law. I know that may not necessarily applied to federal code of rules and regulations that is the domain of the VA. And while the CAVC is an independent court (as you pointed out on your case of the a/c for your vehicle), the BVA is not but still its decisions has some bearing and weight upon new decisions Sure enough, there are many overweight vets, but the vast majority of them do not have physical conditions that are service connected which then preclude them from doing physical exercise. And if somebody with depression has nexus to obesity (overeating due to depression) and then sleep apnea as a granted claim due to depression, I can not imagine how a real physical disability could not cause obesity and thus sleep apnea. It seems that the RO may not grant the claim, but likely the BVA would; anyhow it depends on my medical evidence too and what type of physical examiner one gets. Thanks for your input Richard
  11. I confess that I have not read the whole thing; I read the main point and skimp over the rest. To my redemption I read the full content of the following case: https://www.va.gov/vetapp13/Files3/1325545.txt It is an almost carbon copy of my case since I also have right leg overuse issues related to my left leg condition (lots of hardware with impairment, pain, etc)
  12. Gastone, Still it was a decision from the BVA granting him SA secondary to depression. And it also seems to consider obesity as a service connected condition. It was probably intentional. If a case is the just slightly above the average in terms of complexity or processing time they simply deny it, in effect bumping it up to the BVA. I happened to have a case of early effective date in which a previous BVA decision was simply ignored, so I was left with no recourse but to file another appeal in order to have the BVA re-interpreting its pre-existing determination and decision and then making the wording very clear to the RO.
  13. Unique11128, yeah I totally agree. The possibility of the DRO making a proper decision is a fluke (almost never happens)
  14. I tend to believe sometimes the condition is self-explanatory and self-evident by the chain of events and any reasonable physician or knowledge lay person could come to the conclusion of it being at least as likely service related. But a nexus from an outside physician certainly gives you extra assurance. I noted also that there are lots of threads about sleep apnea in this forum.
  15. broncovet, thanks for your insights. I just tend to believe that my case is intuitive in a sense since I have medical records that relate my obesity to pain and inability to properly exercise; and obesity is a major factor in the development of SA. But I will look for more information and maybe a nexus from a physician, or at least physician notes that relates both conditions. I hate having been diagnosed with sleep apnea, but then one is trying to get something positive out of it. And it seems that there is a clear and valid path for compensation there. I also have an appeal at the board now, and it has been going on for two years. I anticipate two more years (even though my last appeal to the bva took less than 2 years) considering its current position on the dock. Could there be a conflict and more delays in my appeal or a delay in any new claim?
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