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Absolute
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Posts posted by Absolute
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Well, looks like the second signature was just to approve the denial. My claim closed today and was denied s/c. Thanks for the response anyway.
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Thank you for your response! I just have never seen that on any of my other claims...that was all new to me so it kind of raised a red flag for me. I thought they were waiting for a signature from me for some reason.
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Any help would be greatly appreciated. I filed a claim back in 2017 that was denied twice. I appealed the decision and it was deferred late last year. This past Thursday, I noticed the appeal claim moved to Preparation for notification and under the Files on VA.gov it shows "Second signature, no longer needed." Does anyone have a clue what that could mean? At the very least, I know it is coming to an end soon but hopefully I can finally say that I am done fighting for this particular issue. Again, any help is appreciated! Thank you in advance.
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1 hour ago, Buck52 said:
The rater is mixed up in the head he is using the Recon app and not the Reopen.
disagree with this decision Appeal and high lite your app for REOPEN or point this out to him.
A definition of a request for reconsideration. initial steps for handling a request for reconsideration. determining whether to include appeal rights in the decision notice, and. letter to a claimant who provides no evidence, or evidence VA has already considered, in support of a request for reconsideration.
https://www.hillandponton.com/never-file-request-reconsideration/
Thank you Buck52! I will be submitting this NOD soon as possible then. This is crazy. I appreciate every comment...
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Thank you so much for the additional information everyone! I got my letter today via fax...and I saw an even bigger issue.
It states on the Reasons for decision:
"The evidence from Fayettville VAMC submitted in connection with the current claim does not constitute new and material evidence because it does not relate to an unestablished fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim."
The problem here is I have never gone to Fayetteville VAMC, never lived in NC and none of the evidence they have on the claim states that anything came from Fayettville VAMC.
"The evidence from the copies from your Service Treatment Records submitted in connection with the current claim does not constitute new and material evidence because it was previously submitted and considered in the rating decision. of August 21, 2017"
Unfortunately for them that rating decision states that the evidence does not show an event, disease, or injury in service. Your treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service.
Now, how could that second part be true when I submit a completely new document that was not previously available showing a clear diagnosis from the doctor in 2005? This sounds like the person who did my claim did a half ass job, copied and pasted some statements and pushed it up for a signature and it was approved. I need to definitely keep fighting this one.
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20 minutes ago, broncovet said:
As most of the rest of us, you need to file a nod. They should have given you a reasons and bases, as to which evidence was not "new and material".
Fight on.
Dont file a reconsideration, according to what I read by Chris Attig. File a NOD.
My suggestion is you refute the VA raters reasons and bases.
For example, your Nod may be like something like this. File it on the nod form. "
Thank you for your quick reply. I appreciate it.
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Fellow Vets,
I had previously been denied s/c for onychomycosis for a claim filed in April 2017 due to the rater stating that problem list items are can not be used for s/c. They stated that I needed to provide documentation showing a clear diagnosis. Problem with that was that I did not have my medical records. I contacted the VA 3 times (1 through my Senator) and they sent me all of the files they had. I received the same CD 3 times in a row (C-files)...so I asked them if my records were lost and they stated that they were not sure. I contacted the AFPC and they told me to try my last duty station. I contacted them and they actually had some of my records electronically. I had them send the documents to me so that I could try to find a clear diagnosis. Long story short, the doctor's appointment was indeed on the CD I received so I reopened the claim in May 2018, including that new information along with my current prescription for Lamisil (since it continues to be an issue). Last week, that claim closed and I was denied for the following reason:
"The claim for service connection for bilateral onychomycosis remains denied because the evidence submitted is not new and material."
Now how could that be when I submitted documentation that the VA had not previously had in their possession. Now my question is, should I file an NOD or open a claim for reconsideration? If the latter, how do I go about doing this? Thank you in advance for any assistance you can provide.
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Thank you for the breakdown on that...I could see why it was done the way it was now.
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I got my Brown Envelope today and was excited to see that they gave me 50% for sleep apnea w/CPAP but was disappointed that they only paid retro back to the date of my claim. I am going to file the NOD because if it was service connected it should go back to my first filed claim, right? Am I screwed because this was a re-open of the claim with new evidence? Any help would be appreciated again.
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No worries. I am excited for the new percentage but I am not sure of exactly HOW excited I am yet. I will wait and see. Thanks for your input.
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This was my original post about this same subject back in 09
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Nice! Thank you for that additional information. The doctors at the VA tried anxiety pills, mouth pieces and then decided the CPAP would be the best option for me. This was all done between 2008-2009. The sleep apnea was diagnosed in 08 and CPAP given in 09 after a second study was done, if I recall correctly.
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It was not presumptive...since it was not diagnosed in service. I was diagnosed less than a year after separating from service. The rhinitis has been in my records for many years...so I am assuming (I know what that does - lol) that they connected the two and approved me for OSA w/CPAP.
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50% OSA
10% back
10% Shoulder
starting at 100%
100% X .5 for OSA = 50% rating and leaves 50% still ok
50% X .1 for back = 5% rating and leaves 45% still ok
45% X .1 for shoulder = 4.5% rating and leaves 41.5% still ok
total rating 59.5 rounded to 60% leaves 41.5% still ok
You may have recieved a rating for rhinitis but it can't be more than 10% and still be combined rating of 60%.
If you got 20% for rhinitis then you would be 70% total.
your remaning 41.5% X .2 = 8.3 + 59.5 = 67.8 rounded to 70%
There is a calculator here on hadit that worke really well. It would help further explain VA Math:)
Thanks for the breakdown. I think I have used that calculator before but it was a while ago.
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I provided allergy tests, shots, more statements from co-workers as well as evidence that I use the CPAP every night and receipt of new equipment this year.
They also got the data off of the chip from my CPAP.
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Yes. That is what I filed it as this time. Is it also possible that rhinitis was also approved by VA Math? I have no idea how they do their calculations...Lol
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I was given 0% SC in 2007 for allergic rhinitis and requested an increase on this current claim. Also, I was denied SC for OSA w/CPAP in 2007, 2009. I re-opened it with new material evidence in 2012. So I am just wondering if its possible that one of those will be retro to my initial 2007 claim. It looks like I was approved for one or both since my AB8 now states 60%.
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I filed for an increase in my allerghic rhinitis (0% SC), re-opened claim for sleep apnea w/CPAP in April 2012. Both were claimed on my initial claim in 2007 (received 10% for an tear in a disc in my back and 10% for a badly strained rt shoulder). Sleep apnea was denied 2 times previously. The claim process got all the way to decision notification phase and was sent back to review of evidence but the letter was updated. It seems like I won my claim but I am wondering as well, how far back would the retro pay go since the effective date of my AB8 states May 1, 2012 which is the month after my claim was filed. Would I get paid from the date of my medical evidence (2007) or the effective date and is that why it possibly was sent back for additional review? Any help would be greatly appreciated. Thank you in advance.
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Hello,
I filed a claim for OSA w/CPAP in June 2009 and received a denial letter just last week stating that it was not S/C. I am going to appeal but I will provide details on why I filed a claim. Any assistance will be greatly appreciated.
I was in service from June 1998 to May 2007. During this time I was unaware of what sleep apnea was and the symptoms related to it. I've always snored and have been fighting morning fatigue for quite some time. My wife of 7 years even complains to me about my snoring keeping her awake. Of course at the time, I didn't know that was a symptom of sleep apnea or I would have gone to a doctor. I was diagnosed with sleep apnea after a sleep study referred by the VA clinic I go to in April 2008. They attempted to give me mouth pieces for sleeping, anxiety pills and none of those worked. I finally went back to speak to my doctor at the VA and they gave me the CPAP machine in May 2009. After speaking with a former supervisor in the Air Force, who I found out has sleep apnea and uses the same machine, he mentioned that I should file a claim. I did so and received the letter stating that it is not service connected so I am denied for compensation.
Now my question to you is...is there a set date on when it has to be diagnosed for it to be S/C? I've heard from my DAV rep that it has to be diagnosed within a year of separation. Is this true? And what should I put in my appeal letter as a starter? Thanks in advance.
Mike
Second signature no longer needed
in VA Disability Claims Research
Posted
That was my appeal...I do plan to keep fighting. I do not think they considered all of my submitted evidence but won't know anything until I get my letter.