Appeal Granted Big White Envolope Received

[slphelan]

Started this claim in 2006 after getting of Active Duty in 1995. I was granted 10% and filed NOD for the 5 Denied Claims.

No nexus since I had been out of the Army since 1995 till 2006. Started PCP at the VA Hospital Tampa Florida.

Filed Notce of Disagreement DRO review that was rubber stamped: Denied.

Filed Form 9 and requested DRO Hearing.

Requested and obtained IMO from Dr. Bash. Hearing delayed as the C-file took almost a year to obtain. Rescheduled DRO Hearing.

DRO Hearing completed 04/2009.

Contacted by VSO by e-mail on 6/8/2009 rating completed by DRO.

Submitted Dependent claim 6/11/2009.

Regional Office St Petersburg Authorization Completed 7/8/2009 for all requested claims and dependents also.

Letter received 7/11/2009.

No Deposit in Bank as of 7/11/2009.

Thanks everyone for your help in getting this claim completed I would have had to settle for the initial 10% if I did not have you and your years of experience to fall back on and learn about the VA system. Now at 60% thanks again guys.

[Wings]

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Good work, congratulations!!! ~Wings

[windy city]

Have a claim that is going to the BVA I just recieaved from the va a Statement of the case asking if I want to contiunue with the case or I dont. My claim is for sleep apnea I turned in two statements from veterans that were on active duty with me and witnessed my sleep problems but they still went ahead and denied it because there was no medical diagnose of the symtom. My ? is how much does buddy statement carry in a claim.I want to continue but I am to tired and sick to go on. Since I was diagnose with PTSD I have been taken alot of medications for which I have gained 40 pounds and it has affected my sleep apnea, Need some advice.

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Good work, congratulations!!! ~Wings

[Pete53]

Windy your only real chance as I see it is to get a Doc to diagnose and connect to your service.

[slphelan]

How do you like the Tampa VAMC? Have you ever found a parking place? I have Dr. Hodges as my PCP and Dr. Lowery as my shrink. Both are pretty good. Lowery is the best shrink they have.

Its fine i think that since its so busy its going to be hard finding parking until the garage is constructed. I am on the Delta Team

[navydoc2]

congrats, so is it safe to say when you get a brown envelope its a denial and white for approval?

[windy city]

So if ptsd and and the madications I take for its treatment has cause me to gain so much weight that it is aggravating my sleep apnea could that be a nexus.

Having buddy letters from service is great evidence of Nexus but a diagnosis is also important. Like Pete said, even with letters you will most likely need an independent medical opinion.

Here are the three requirements for service connection.

Requirements for the Award of Service-Connected Disability

Compensation. The award of service-connected disability compensation has

several requirements. First, the fundamental eligibility requirements discussed above

— service and discharge requirements — must be met. Then, for a veteran to be

entitled to service-connected disability compensation, the veteran must prove three

elements. These elements are: 1) a medical diagnosis of the current disability; 2)

medical evidence, and in some instances lay evidence, of the in-service occurrence

or worsening of an injury or disease; and 3) a link between the in-service-incident or

the worsening of a disease or injury and the current disability.59 If the VA is satisfied

that these three elements are proved, then the VA determines the severity of the

disability.60 The VA assigns a percentage evaluation from 0% to 100% for the

amount of disability that the VA determines that the veteran has sustained.61