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Berta

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Berta last won the day on June 6

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About Berta

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    PLEASE post questions in the main Forums
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    Beautiful hills of NY andwidow of  2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel
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  1. I advise you to get a copy of your SMRs and 201 Personnel file. Go to https://www.archives.gov/, click on the Veterans records area, fill out the SF 180, and then print out the bar coded thing, sign and date that and mail it to the exact address the instructions on th SF 180 tell you to send it (Copy it before mailing it and get a proof of mailing from the Post Office.) You might as well get a copy of your C file too, from the VARO you deal with. I think the SMRs will reveal the missing parts to all of this. Unless others think they might still be at your VARO. I guess Dr Anaise didnt have them either.
  2. I was definitely going to use that STR statement-in the CUE-as Dr Anaise did not give any medical rationale oom the meds you take, as far as aggravating or causing the sleep apnea. But if it is not in your STRs I don't know where that statement came from- and it would help support some evidence I found...as to the comorbidity factor of MH issues and Sleep apnea. The date the examiner noted was 3/5/02 and you were discharghed in June 2002. I am lost-I have a 5 page CUE but I do not think it will work-and it is too long. the problem is that the depression meds came after the OSA diagnosis and for the pain and depression of the IVDS situation. But that STR statement could become Golden.Yet Dr Anaise did not mention it at all. There might be more in your STRs as well. You had to get some counselling- there should be a record of that.It would help pre date the depression- which is crucial to this claim. There is something missing in all this-ETOH can be used to deal with depression and pain...did you have any pain from the IVDs or other spine problems inservice? I am lost but others will chime in......
  3. So is this something the examiner made up: "STR - YES TO FREQUENT TROUBLE SLEEPING - AND DEPRESSION SINCE ONSET OF ?CHAPTER PROCEDURE ENTERING ALCOHOL COUNSELLING FOR INCREASED ETOH USE" ??? Do you have a copy of your STRs?
  4. I am sorry for all the questions but this is a most difficult CUE claim to develop. If they mean you have inservice depression , was it due in service to the same thing they service connected, as to the IVD etc?
  5. Thanks for the date (2014) does this mean your Service medical records ( STRS) showed the depression? STR - YES TO FREQUENT TROUBLE SLEEPING - AND DEPRESSION SINCE ONSET OF ?CHAPTER PROCEDURE ENTERING ALCOHOL COUNSELLING FOR INCREASED ETOH USE" And was depression on your Discharge Certificate? When did you get discharged?
  6. "STR - YES TO FREQUENT TROUBLE SLEEPING - AND DEPRESSION SINCE ONSET OF ?CHAPTER PROCEDURE ENTERING ALCOHOL COUNSELLING FOR INCREASED ETOH USE" After I read this a few times-was this in your STRs? The depression was "since the onset" of the counselling? Do you have a date for the Chapter procedure or the counselling? At first I thought it was just a negative remark, but this could become the key to the claim..... The problem with this claim is that I am trying to find a date for the depression that could have preceded the OSA. I assume the OSA was not severe until they gave you a C Pap? I need a diagnosis date for the initial depression , hd it ever been denied but put onto a rating sheet as NSC?and also when the CITALOPRAM HYDROBROMIDE medication began to be prescribed.
  7. I am trying to develop a CUE and it will take time- when did the VA first diagnose the depression as service connected to the IVD? Also when did the VA first prescribe the Celexa® (citalopram HBr)
  8. I have to leave to get prepared for that conference call between Sec Wilkie and the President on the new Missions Act. If I am lucky enough to get picked for a question I want it to be a good one.....I have a concern about the Urgent Care provision of the Act.
  9. Good, they LIED about this: "The submitted statement from Dr. XXXXX opined that yourmedications associated with the treatment of your service connected depressivedisorder assisted in causing your obstructive sleep apnea. The evidence shows no medication treatment for any mental health condition prior to or at the time of your diagnosis of obstructive sleep apnea. " This is probably just BS the examiner threw in: "?CHAPTER PROCEDURE ENTERING ALCOHOL COUNSELLING FOR INCREASED ETOH USE (???)" I believe this is definitely a CUE now----however it would have helped if Dr. Anaise gave some specifics on the meds you take. But with the BVA award I got above, I believe he certainly felt his IMO was strong enough. Can you tell us what meds you take so we can see which ones could cause or aggravate the Sleep Apnea? This stuff really pisses me off..I was victimized by similar lies and non medical inaccurate statements by VA doctors, in just about every claim I filed. The two hyperlinks the examiner used are crap- This one might be better: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4610889/ I need to read it over- there are more but I am pressed for time---- I will try to prepare a CUE for you, that might make this go faster than a reconsideration.... Have you googled the examiner's name to see what their credentials are? Then again I think you said they were a PA? I knocked down a PA's opinion and a few VA doc opinions many times..... If the examiner really knew anything about sleep apnea they would have used far better links then they mentioned.
  10. Berta

    1151 payment

    Can you explain this past statement you made: " Fast foward a couple years, I now have a VA issued statement admitting guilt thus restoring some of my faith in the VA. I have not filed a 1151 yet. I was hoping to gain some relief via the "other" administrative process but I'm not getting my hopes up though. " What other administrative process....? I only know of two- FTCA and Section 1151. Sometimes something will happen at a VAMC that creates an 'incident report'.The VA might apologize to the veteran, if it was a negligent situation. But nothing will be done about it administratively until a 1151 or FTCA within the Statute of Limits is filed against them.
  11. It always pays to get your SMRs.(inservice medical records) and often it pays to request your 201 Military personnel file as well. They can be obtained here: https://www.archives.gov/ It is possible however , the VA has already obtained them. In that case you will get a letter from NARA informing you of that. I requested my husband's records from NARA, for both branches he served in. They sent me his Navy records, but stated his USMC records were at the Buffalo VARO ( which is where they were supposed to be) so at least I knew they had them .
  12. There certainly are awards at the BVA similar to your claim- here is one of them based on Dr Anaise's IMO: http://www.danaise.com/bva-approves-osa-due-to-ptsd-based-on-dr-anaises-imo/ In this next claim, the BVA made a very good legal point: "In support of his claim, the Veteran has submitted various studies, including a study by the National Institute of Health (NIH) which shows some evidence of correlation between sleep disordered breathing and depression. He has also submitted an opinion from a private physician which states that, after reviewing the Veteran's military and civilian psychiatric records and sleep studies, it is as likely as not that the Veteran's major depressive disorder is causally related to his obstructive sleep apnea. That opinion is supported by citation to the NIH study, as well as a second study conducted at Stanford University between 1994 and 1999. In July 2014 the Veteran was afforded a VA examination in connection with his claim which opined against a medical nexus between his sleep apnea and depression. However, the Board notes that this examination report is inadequate as it stated that there is no clear evidence in the medical literature showing major depression causes sleep apnea. However, it does not address the studies provided by the Veteran or cited by the private physician, let alone provide a reason for rejecting those medical studies. Therefore, the Board finds this opinion to have no probative value. Thus, the only probative medical opinion of record weighs in favor of the Veteran's claim. Consequently, the Board finds that the evidence is at the very least in relative equipoise as to whether the Veteran's sleep apnea is the result of or proximately due to his service-connected major depressive disorder. Therefore, affording benefit of the doubt in favor of the Veteran, the Board finds that service connection is warranted for obstructive sleep apnea as secondary to major depressive disorder. 38 U.S.C.A. § 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.310 (2015). ORDER Service connection for obstructive sleep apnea is granted, as secondary to service-connected major depressive disorder. https://www.va.gov/vetapp16/Files3/1624350.txt Can you post the C & P exam results?(Cover C ile #, name prior to scanning it) If it contains this type of statement_ . "However, the Board notes that this examination report is inadequate as it stated that there is no clear evidence in the medical literature showing major depression causes sleep apnea. However, it does not address the studies provided by the Veteran or cited by the private physician, let alone provide a reason for rejecting those medical studies." It can be appealed on that basis if the examiner stated something to that affect. BVA decision are not evidence -however it is quite obvious ,with the above BVA decisions, that the medical literature you have, within the IMO,should be sufficient for an award. You could ask for a reconsideration, using any BVA decision ,like the one above, to bolster that. And cite Allen V... Brown: "A disability may also be found service connected on a secondary basis by demonstrating that the disability is either (1) proximately due to or the result of an already service-connected disease or injury or (2) aggravated by an already service-connected disease or injury. See Allen v. Brown, 7 Vet. App. 439, 448 (1995); 38 C.F.R. § 3.310 (2015)." The above vet https://www.va.gov/vetapp16/Files3/1624350.txt did not even have an IMO. If their entry about the lack of medications is correct,maybe Dr Anaise should write an addendum. Did your IMO doctor have a copy of the C & P exam? It helps considerably when a IMO/IME doctor has the VA's negative opinion, and then can argue against it effectively.
  13. "The submitted statement from Dr. XXXXX opined that yourmedications associated with the treatment of your service connected depressivedisorder assisted in causing your obstructive sleep apnea. The evidence shows no medication treatment for any mental health condition prior to or at the time of your diagnosis of obstructive sleep apnea. " I am stuck on that statement from your decision and have not found the meds mentioned in the IMO. Is that a true statement from the VA? If it is a false VA statement, what meds were you on prior to the SA diagnosis? The IMo doc said: "After reviewing the veteran's c-file and the pertinent recent medical literature, I opine that it is more likel y than not that the veter...etc" The C file is not the medical record file- he did refer to a few entries in the medical records but did he have the entire VA medical records to show your medication profiles?
  14. Here is another award PTSD aggrevating Sleep Apnea: In part: "In this regard, the Veteran is service-connected for PTSD. He has a current diagnosis of obstructive sleep apnea. The Veteran does not assert that his obstructive sleep apnea is caused by PTSD. Rather, in his May 2013 substantive appeal he asserted that his obstructive sleep apnea is aggravated by PTSD. The Veteran has submitted medical opinions from private physicians indicating that PTSD aggravates obstructive sleep apnea. A March 2015 letter from a private physician stated that the Veteran was diagnosed with obstructive sleep apnea in 1995 and has used a continuous positive airway pressure (CPAP) system since that diagnosis. The physician noted other comorbidities including hypertension and hyperlipidemia. Additionally, the physician opined that it is at least as likely as not that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD and that PTSD aggravates the obstructive sleep apnea. In a May 2015 letter, a psychologist opined that it was at least as likely as not that the Veteran's obstructive sleep apnea is aggravated by his PTSD. The psychologist stated that the opinion was based upon medical and behavioral health literature showing that chronic activation of stress hormones (hypothalamo-pituitary adrenal axis activity) caused by PTSD is known to lead to a neural sensitization leading to upper airway dysfunction such as sleep apnea. He stated that the functional syndromes overlap the signs and symptoms of PTSD. The March 2015 and May 2015 medical opinions were based on knowledge and consideration of the Veteran's pertinent medical history as well as treatment of the Veteran for sleep apnea and PTSD and were adequately supported by sufficient rationale. See Guerrieri v. Brown, 4 Vet. App. 467, 470-71 (1993); Owens v. Brown, 7 Vet. App. 429, 433 (1995); Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008) There is thus a current diagnosis of obstructive sleep apnea, which the medical evidence of record shows is aggravated by the Veteran's service-connected PTSD. VA examinations in August 2012 and February 2014 provided negative nexus opinions. However, these VA medical opinions are not as thorough as the May 2015 private opinion. The evidence for and against the claim is at least in equipoise. Accordingly, service connection for obstructive sleep apnea is granted as secondary to service-connected PTSD. ORDER Entitlement to service connection for obstructive sleep apnea, as secondary to service-connected PTSD, is granted. ____________________________________________ P. M. DILORENZO Veterans Law Judge, Board of Veterans' Appeals https://www.va.gov/vetapp16/Files6/1648003.txt BVA decisions are not evidence because they pertain only to the claimant. However, they provide a lot of information as to why a claim is granted by the BVA and why the BVA has to deny a claim.
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