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Reuest For Increas

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yelloownumber5

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Hi,

Back in 2008 I requested an increased on my Service Conencted GERD. I did list the reasons why and one reason was the GERD is aggravating my Sleep Apnea. I don't remember how I worded this but I'm looking for the paperwork right now.

Anyhow, the RO sent a denial for Sleep Apnea dated 11 Sept 2008, it is a concern for me because I do not remember sending an informal claim nor any intent in filing for Sleep Apnea at this time but I will in the future.

I will post the verbage of the letter when I find it

What should I do.

thanks in advance.

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Yellow,

Read my post below your last one -

I think this is what you were referring to since you state you have not filed a claim for

SA yet.

BUT in this decision the RO is stating they took your letter as an application for SA.

In my opinion since they did this your claim for SA -

(that you were going to make down the road) is now going to be in a real

screwed up position as I see your options to be:

1) Trying to get VA to acknowledge that your claim WAS NOT a request to

SC your condition of SA.

2) NOD this denial for SA within the appropriate time frame,

and gather your medical evidence on SA (that is not of record) to submit

3) Reopen a claim for SA down the road with N&M medical evidence.

(The only thing mentioning sleep apnea)

I have also been diagnosed with sleep apnea in which the GED affects my health due to not allowing me to wear my continuous positive airway pressure (CPAP) also affecting my bloop pressure.

This has to be opined on by a doctor.

(This was the reuqest for an increase of GERD only and I only enclosed GERD related documents)

On 7/24/08 the RO addressed it as "we are working on your applicatiojn for service connected compensation for GERD, sleep apnea and high blood pressure"

9/11/2008

"Service connection for sleep apnea is denied

Your service treatment records show did not evidence of treatment for or a diagnosis of sleep apnea during your military service"

I did not send an informal claim for sleep apnea nor a formal claim, however,I did say the GERD affects my sleep apnea treatment. I am concerned and trying to find out what to do because I want to file a sleep apnea claim in the furture.

thanks

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Carlie,

I was planning on filing for Sleep Apnea not secondary as they (RO) put it. I do not have any documentation of it being secondary to my GERD. So will the RO's assumption of me wanting it secondary to GERD screw up a cliam for sleep apnea on it's own? If so I guess I need to send in my documentation give them maybe a month and just file a NOD and Form 9? the denial for the secondary sleep apnea to GERD that the RO decided to do for me was on 11 Sept 2008

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File your NOD asap, you need to protect your effective date

Pete,

Yes but I wasn't trying to claim this yet....the RO decided I did because "sleep apnea" was mentioned in the fact that GERD causes me to not wear my CPAP, so they assumed it was a secondary condition to GERD.

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Carlie,

I was planning on filing for Sleep Apnea not secondary as they (RO) put it. I do not have any documentation of it being secondary to my GERD. So will the RO's assumption of me wanting it secondary to GERD screw up a cliam for sleep apnea on it's own? If so I guess I need to send in my documentation give them maybe a month and just file a NOD and Form 9? the denial for the secondary sleep apnea to GERD that the RO decided to do for me was on 11 Sept 2008

Yellow,

Earlier I posted the three options I feel are available to you.

Did you think any on 1) ?

Just for clarification - I would not file a Form 9 with a NOD.

First you file a NOD and if the issue(s) remain denied after that

then you file a Form 9 to crawl on up to BVA.

jmho,

carlie

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Carlie,

Yes before I posted I was going to send and IRIS submission and then the certified letter stating there was no intention for SA claim.

My concern is the denial dated 11 Sep 2008 for something I did not try to claim and the impacts of that on a furture claim. I did not submit any evidence for SA because I was not claiming it.

Anyhow, I guess this is what I need to undersand. It was denied secondary which I wouldn't claim as secondary.....but never the less since it was denied and if I do not file a NOD but then after the year I have evidence to submit and it is submitted is this claim like a new one in the since if they deny I can ask for a review, then nod and appeal it. This is what I'm not sure of.

Would anything matter that the RO opened a claim as secondary but when I claim it would be a standalone diagnosis?

thank you.

Yellow,

Earlier I posted the three options I feel are available to you.

Did you think any on 1) ?

Just for clarification - I would not file a Form 9 with a NOD.

First you file a NOD and if the issue(s) remain denied after that

then you file a Form 9 to crawl on up to BVA.

jmho,

carlie

Edited by yelloownumber5
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