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      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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twresamarie

Would This Be A Cue

Question

so i now have everything rite infront of me

dec 07

filed for increase for back/knee/ and IU

aug 08

they increased the back and knee, IU denied b/c you have not been found unable to secure or follow a substantially gainful occupation as a result of s/c disabilities. was only increase to a total of 60%. (40 back, knee 20) they didn't grant extra-schedular (i think b/c only 2yrs out of work, and 8m out of school chp 31 at that time)

oct 08

filed for secondary s/c for hip and other knee strains

oct 09

granted using c&p exam feb 09 (hip/knee) doc suggested using a cain. now met schedular, no earned income, no school.

oct 09

filed for just IU

apr 10

denied: but they say 'REMAINS' denied. my claim for IU was considered REOPENED. but denied b/c the evidence does not show "the the claiment is unable to secure or follow a substantially gainful occupation as a result of s/c dis."

(i dont think this makes sense)they go on to say

you meet the schedulat req. for this benefit but the evidence of record doesn't show (same as above)

:EVIDENCE:

notification from SSA dated apr 10

misc medical treatment reports submitted by me from aug 05 to jan 07 (remember this was denied once again in 2009_lol)

my fm 21-8940 oct 09

rating decision oct 09 (WTF)

apr 11

filed NOD with copy of the form my CPC filled out for SSDI, now aint that funny...lol

jun 11

"we received your appeal election form indication anotice of disagreement for back condition, (say what) the records show the VA rating dated aug 08 and the notification of this decision was mailed aug 08. you have one year from the date of mailing the notification of the decision to appeal. when the time limits expire, the decision becomes final. (duh) No further action will be taken on this appeal.

so where in the hell did my back come into this is what i am wondering.

what is going on with these people?

does anyone have a clue

letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born.

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4 answers to this question

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Do you rceiuve SSDI solely for the service connected conditions?

If so does the VA know that?

Did your SC disabilities make it difficult for you to continue Chapter 31?

If so do you have documentation on that?

Are you able to scan and attach here the denial (cover the c file # and personal identifying stuff)

"letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born"

Do you get or expect to receive soon the amount of 100% comp? I am confused here but others will chime in.

This is not a CUE.

Something does seem wrong here. Do you have a vet rep?

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Do you rceiuve SSDI solely for the service connected conditions?

the same thing happened with SSDI, denied w/in two months

If so does the VA know that?

i dont think so, they do know that i was seeking out side evidence

Did your SC disabilities make it difficult for you to continue Chapter 31?

i have a paper from chp 31 stating that i was dropped from the program due to medical reasons

If so do you have documentation on that?

yes i do

Are you able to scan and attach here the denial (cover the c file # and personal identifying stuff)

no, do not even have a printer

"letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born"

Do you get or expect to receive soon the amount of 100% comp? I am confused here but others will chime in.

i have read that a DRO can not close out the case w/o granting in ful, so the % was the same but the comp amount had increased to the 100%

This is not a CUE.

i thought it would be, due to the fact that they are now denying a increace in my s/c back contion from 08, and not the IU

Something does seem wrong here. Do you have a vet rep?

i do have an American Leg. rep an will speek to him in the morning.

if you need more info i can provide any thing that was writen word for word. i am at a lose as to what this means. but i do think they are trying to save money and not have to retro back to the date i first applied for IU. I turned in one new piece of evidence in 11 nothing else was turned in since 09.

any thoughts

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As long as your claim is not final it can't be a CUE. You don't want it to be a CUE if you can help it.

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I can't decipher your post. As I see it you failed to NOD the decisions, you just kept adding new claims????

pr

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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