Need Some Help With Form 9

[joeyjoeyb]

Well my NOD came back after 18 months and my sleep apnea was denied again. I am going to write up the form 9 and get in line. I have an idea of what I want to say, but am not sure how to start it out. I want to cite a few BVA cases that mirror mine in the form 9. Any help with some examples would be awesome!! thanks in advance

[joeyjoeyb]

Berta,

Yes to all your questions except 1...my SMR are silent of OSA. I never complained about it. I did not know I had it. But I went to my TAP class in apr of 06 and a VA rep said that you have a year to submit any claim that is not in your SMR. I took that to heart and knew I had plenty of time ater I retired to get a sleep study. I had just had my gall bladder removed a month earlier and had some complications with that. Now check this case out. This is the kind of stuff that gives me hope. I was diagnosed with OSA 89 days after I retired.

http://www4.va.gov/vetapp09/files1/0903559.txt

[yelloownumber5]

"The Board notes that a layperson can certainly provide an

eyewitness account of a veteran's visible symptoms"

[Berta]

In the BVA decision youir referred to-6the veteran had served from 1986 to 2006.

The wife's lay statement was for period of time she observed OSA symptoms during the veteran's active service period.

This is why they felt her opinion was probative.

Have you attempted to get buddy statements from anyone in your unit ,same time and place, who could verify your sleeping habits inservice?

[broncovet]

Berta...

Yes, Keep Posting! I take it you havent had any more "glitches" in software not allowing you to post because you posted too many times. (I think you need to post more!) If you do have another glitch and cant post try this:

1. Type up your post and hit "Ctrl A"...That means "select all"

2. Hit "Ctrl C". This copies the selected information to the clipboard, in this case all of it.

3. Point your pointer at a blank spot on your desktop. RIGHT click, then select "new". then go to your favorite text editor, such as wordpad, Microsoft Word, Open Document Text, etc. You can give it a name such as "Berta's July 10 post". Open this document and point your pointer at a blank place in the page and click. Then

hit "Ctrl and V" (paste) at the same time.

4. These desktop shortcuts make copying and pasting and saving easy.

5. When you save it, and the site is working again, say the next day, then go to your saved document, and copy and paste it into the hadit post.

[Berta]

Thanks Broncovet

It hasn't happened in a few days.My time is limited so I do have tendency to read as many new posts as I can right away and I reply fast because I dont know when I can get back to the site during the rest of the day.

I think the BVA's rationale on that BVA decision posted in this thread was that if the wife could verify the veteran's sleep patterns, then obviously since he was still active duty during that time ,then his buddies inservice could have verified them too.

Unfortnately the BVA really doesn't always tell us- in awarded decisions- all the evidence they considered.My case was a good example.I felt if BVA mentioned more of my evidence, maybe it could have helped another widow in similar situation.

[carlie]

but will refrain from posting too much as it might be compromising the site somehow

OH - Berta,

No, posting doesn't compromise the site at all - please keep on posting lady -

these vets need you :)