Which Way To Go...new Evidence Or Nod?

[Phoenix]

Greetings all,

I am reposting the following here in the hope that I can gain some insight in what to do next.

I had a service connected claim of obstructive sleep apnea with CPAP which was denied because the VA found no evidence in my SMR.

I am a tad miffed because in my service medical record shows my diagnoses of Obstructive Sleep Apnea and to start CPAP therapy in September 2007, but this wasn't even referred to.

I had my CP exam in October 2008 and showed the doctor my SMR with the diagnoses and sleep study results listed on it, but not the actual sleep study. The doctor stated that I had subjectively reported I had sleep apnea but no evidence was given that I had it.

Now my question is should submit a letter of new evidence that includes copies of the overlooked medical records, my actual sleep study refered to in those records, my reciept from the CPAP machine I was issued, my last sleep study on Nov 2008 showing I still have sleep apnea and the print out showing my treament compliance or should I send in a Notice of Disagreement? The whole claim has not been rated yet as they have deferred one decision.

As a side note, thedeferred rating of one of my conditions left me right at 40%. Any guidance on this?

-Phoenix

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[Phoenix]

I am now rated at 70%. The rating decision states, "You filed a reopened claim on January 14, 2009. Based on a review of the evidence listed below, we have made the following decisions on your claim."

Under Evidence,

It states "-Review of rating decision and evidence delineated in decision dated 12/9/08"

My guess is that new evidence triggered a review, but you can see from my letter at the beginning of the thread, I had good supporting evidence that was showed my medical records were ignored during my initial decision.

The copies of my service records clearly showed the diagnosis while on active duty. The IMO was rather cheap for me. I told my medical provider that if she didn't write a letter, I would be forced to seek care at the VA hospital and she would lose my business. I showed her my evidence that supported my claim, was nice about it and she agreed to write the letter.

Sorry I haven't been around much, Job hunting and all. The Sacramento area sucks for job hunting.

[Berta]

"My guess is that new evidence triggered a review, but you can see from my letter at the beginning of the thread, I had good supporting evidence that was showed my medical records were ignored during my initial decision"

Yippee!!!!! the key to success-

good supporting evidence as well as evidence they ignored initially-

they get away with lousy decisions when vets dont take the time to read and re-read their decisions to find the errors they made.

At 70% (I forget if I asked this before-sorry )

did they consider you for TDIU?

[john999]

If you are not working then 70% is the magic percentage for IU.

[Phoenix]

Nope I am not working and no, I don't believe I was considered for IU. *ponders tossing more rocks in the VA pool*