ptsd Nod Or Reconsideration?

[pog]

I filed PTSD and sleep disorder 2 years ago. I was granted for PTSD at 50%. Denied for Sleep disorder b/c of a lack of diagnosis. (What my decision letter says)

My 1 year deadline is up on the 24th of February. I enlisted the help of a DAV VSO, who said that I could not appeal the sleep disorder denial, with my clinical diagnosis of "sleep apnea" because she said I had filed sleep disorder secondary to PTSD. And that they had taken my trouble sleeping into account when they granted my PTSD claim for 50%.

She then explained that she would file a request for reconsideration of the "sleep disorder" claim and request that they reevaluate my claim because I should have filed for Sleep Apnea.

My question is... What are the chances they will accept my request that they reevaluate my claim of sleep disorder as sleep apnea. I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected. But what are the chances they will make the effective date of the decision the same as my PTSD claim?

[jerrbilly]

POG, whatever you choose to do we, at HADIT, will only wish you the best of luck in your claim.

[carlie]

pog,

I don't think your getting a knee-jerk reaction, you are only getting the facts.

A claimant has one year to file a NOD regarding a Rating Decision.

Just because a claimant files a request for reconsideration - that in no way,

stops or changes your timeline for filing a NOD.

As you have already posted, "My 1 year deadline is up on the 24th of February."

You also posted, "I enlisted the help of a DAV VSO, who said that I could not appeal the sleep disorder denial, with my clinical diagnosis of "sleep apnea" because she said I had filed sleep disorder secondary to PTSD.

And that they had taken my trouble sleeping into account when they granted my PTSD claim for 50%."

If you notice below that in - 38 CFR Part 4 - Schedule for rating disabilities

50 percent does not address any "sleep" problems.

Sleep problems are only addressed in 30 percent rating as "chronic sleep impairment".

SAP is a completely different diagnosis and a Diagnostic Code is to be applied to the disability of SAP.

You posted,"I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected. But what are the chances they will make the effective date of the decision the same as my PTSD claim? "

Being that you are making the choice to NOT FILE A NOD on that Rating Decision - then you are also making a choice to

GIVE AWAY, an effective date that's attached to the date of your PTSD being granted.

Also, VBA will not consider that,

" "I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected."

The VBA will have to have a doc's opinion in writing that your SAP is secondary to your PTSD or a direct SC'd disability as shown

in SMR/STR's.

You might want to keep in mind that many of us here at Hadit - wound up here by putting all of our trust into VSO's.

Bottom line is that the outcome of your claim is ultimately, your responsibility.

jmho,

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-....73&idno=38

§ 4.130 Schedule of ratings—mental disorders

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 50

[pog]

...VBA will not consider that,

" "I have a diagnosis from a MD who ordered a sleep study and prescribed a CPAP and I am certain that it is service connected."

The VBA will have to have a doc's opinion in writing that your SAP is secondary to your PTSD or a direct SC'd disability as shown

in SMR/STR's.

As I mentioned before I am visiting the MD that diagnosed my SAP to get a nexus letter on the 15th. I am going to ask him if he can give his written medical opinion that my central sleep apnea is at least "as likely as not" either caused to aggravated by my prescription of Lorazapam for acute anxiety (PTSD). This seems to be the strongest link I can make as a lay person. Any suggestions you all may have are welcome!

As for my NOD... I think the regional VA office interpreted my "Request for Reconsideration" as an NOD. I think this because they sent me a letter informing me they received my letter disagreeing with their rating decision and out-lining my options for appeal. So its appears to be a moot point now, as the VA has responded to me as if I had filed an NOD.

Thank you very much Carlie for your thoughtful response. You seem to have it together as to how to approach the VA.

V/R,

POG