Va Oversight Of My Osa Claim - Qq?

[bob_abad]

Hi gang,

Me again w/ this ongoing Sleep Apnea(OSA-incurred after service) battle w/ VA. I received another denial letter as of 03/15/10. Oh boy! VA made a terrible mistake on this one!

Here's the event summary:

> My c-file was brokered to Phoenix VARO (from Oakland VARO) around Dec '09 timeframe

> I forwarded my required evidence & docs to the Phoenix VA as per instructed. It included witness letters, IMO, OSA medical records, VA supplies & others.

> But almost at the same timeframe near the end of February, the Oakland VARO was getting ready to deny my claim again.

> There was a miscommunication between Phoenix & Oakland....Would you believe this??????

> Now my c-file was returned to Oakland. They sent the denial letter as of 03/15/10.

> I went to Oakland VARO to inquire if they received my SOC response from Phoenix..The answer was no!

> I was sooooo frustrated @VA for their major f%^& *p!!

> My 1st time to go to our local county VSO to seek assistance...She just shook her head re: VA and immediately followed up to re-open.

>Ok, my case was finally re-opened since 03/18/10.

According to IRIS, it is in development stage. Question is, how long will it be there and what is the next stage?

Hear from someone soon. Thanks!

[carlie]

bob_abad,

I think requesting a "re-open" was a poor game plan on the VSO's part.

First of all your OSA claim had not yet reached a point where the decision

was final.

Also, when you "re-open" with N&M you loose your EED.

jmho,

carlie

[Berta]

I sure agree-how do you re-open something that isnt closed?

Make sure the VSO has copies of your evidence/ If they didnt list it as Evidence n the denial it meant they didnt even read it and you might have to have the VSO submit it again.

[broncovet]

IMHO if you get a denial, then you need to file a NOD even if that denial was in error (or especially if it was in error).

By regulation, if you do not file a NOD a decision becomes final in one year. After one year, you can still dispute a decision but you must meet the very strict "Clear unmistakable error" standard.

If you got a bad decision, you want to file a NOD within a year...it preserves your rights. It is simply not in your best interest to have to meet the CUE standard if you dont have to. Go for easy..getting VA benefits is challenging enough without making it more difficult for you to meet the "Cue" standard.

[Papa]

bob_abad,

In your post you say that your OSA incurred after service. How are you service connecting this? Is this secondary to another service connection?

Papa