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Claim Sent Back From Rater For Review

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dolfanbls

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My claim has been sent back to the reviewer for more information. I did not have a C&P for this claim before it was sent to the rater.

I applied for sleep apnea with the following service connected disabilities: Hypertension, claw foot bilaterally, degenerative disk disease, nueropathy bilaterally legs. When I entered the Navy had a neck circumference of 19 inch's.

I had multiple issues of my uvula swelling and obstructing my airway while in the service. Within my one year after separation an emergency consult to ENT Clinic at the Birmingham VA was scheduled for outside my one year. ENT doctor diagnosed me with obstructive sleep apnea and I had my uvula and other soft tissues removed. Within 2 years of surgery I was re diagnosed by the VA in Louisville, KY with obstructive sleep apnea with sleep test performed and have been on CPAP machine since.

What should I expect from this being sent back for further review. The Hypertension and neck circumference meets the guidelines and have gained significant weight due to other service connected issues.

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  • HadIt.com Elder

Yep most Veterans who win their claims have a C&P just prior to winning. Merry Christmas and be sure that when you have your C&P to sign the VA Waiver or give them a statement that you are ready for them to rate with the evidence that they have or you may have to wait a year.

Veterans deserve real choice for their health care.

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Many claims get sent back by the rater. Once he/she actually gets to your file they may determine that it is not ready to rate due to missing evidence. Most of the time it is for the scheduling of a C&P exam as the rater wants the doc to comment on certain aspects of your claimed disability.

They more than likely want the examiner to comment on if the sleep apnea is due to the problems you had in service with your uvula and other soft tissues since the SA diagnosis came a couple of years after your service.

You should hear something soon from the VA as to what development needs to be done - such as C&P, more evidence from you etc....

Good luck.

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I talked to the St Pete Regional office last week and no action had been taken since it returned to the reviewer. I stated I had not received any correspondence since Sept 07 and they said they would find out why I had not received any correspondence yet. Hopefully I will hear something soon.

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