How Can A Veteran Prove Va Went Doctor Shopping?

[pacmanx1]

I pulled this from another post; I would like to know how a veteran can prove that VA went doctor shopping. I am trying to prepare for my rating decision for sleep apnea. I have a neurologist that says I have sleep apnea related to my service connected Depression and I just had two additional C & P exams. The physical C & P exam says that my sleep apnea is caused by me being obese. The mental C& P exam says that my sleep apnea is caused by my daily anxiety which is severe and my daily depression which is moderate but combined with the anxiety makes my condition worst. I also have two sleep studies one I thought diagnosed me but it is inconclusive but I do have one that proves I have sleep apnea. I am thinking that VA will try to go with the negative C & P exam Instead of my diagnosis from my neurologist and my mental C & P exam and they were all VA doctors. Any help or pointers, I know I am jumping the gun but I really do not trust VA to do anything right. I was denied my claim for sleep apnea, I then went to VA and got an exam from my sleep study and I was diagnosed with sleep apnea, then all of a sudden, I get two C & P exams instead on one. If this is confusing my apologies, I twisted my neck and spine last week and it is giving me hell.

Carlie, I miss your post: VA SUCKS

[john999]

You probably need to go doctor shopping on your own. However, since it has been revealed to me that you can be SC'ed for obesity secondary to a mental health condition you could win it that way. The VA says your apnea is due to obesity. File a claim for obesity secondary to anxiety and depression. When you win that claim file for apnea secondary to obesity. The VA has damned themselves out of their own mouths.

[LarryJ]

I jist luv it when they do that.

Follow John's advice.

[pacmanx1]

I do have a board certified psychiatrist and a board certified neurologist that says my sleep apnea is related to my depression so hopefully that should be considered. As I said these are VA doctors so we will see, we will see.

[Wings]

I do have a board certified psychiatrist and a board certified neurologist that says my sleep apnea is related to my depression so hopefully that should be considered. As I said these are VA doctors so we will see, we will see.

x

x

x

Approximate balance of evidence: Benefit of the doubt. "The tie goes to the runner", Gilbert v. Derwinski, 1 Vet.App. 49, 54 (1990).

vs

Proponderance of the evidence against the claim: benefit of the doubt does not apply, Ortiz vs Principi, Fed Cir. 2001

[pacmanx1]

Thanks all, really want to get this sleep apnea service connected since it is life threatening. Will keep you posted.

[pacmanx1]

I totally forgot I had a mental health appointment today. Since we talked about my weight, I made sure I told him that I can not exercise on a regular basis due to my spine injury and my fibromyalgia which are service connected and the weight comes from the gabapentin I take for my fibromyalgia and depression medication. Just thinking of getting why I am overweight in my medical records.