ptsd New Exam For Pending Nod

[kwveteran1108]

I have a pending NOD for service connection for Sleep Apnea. I have submitted to the DRO service records which document symptoms of sleep apenea (feeling tired after sleeping) as well as two buddy statements from roommates in the service. I'm also service connected for PTSD and TBI, which could be considered to cause sleep apnea. The DRO granted a C&P exam. I wasn't given a C&P exam the first go around. I submitted my claim right after my sleep study and diagnosis. The VA denied because the sleep doctor said the sleep apnea was related to obesity. The sleep doctor never discussed my service records or any current conditions at the time of my sleep study. (wish I would have done differently and offered my opinion, lesson learned) I went to my C&P exam a few days ago and the only question the C&P examiner asked me was whether I was still using a CPAP machine. I replied yes. I also gave her and she gladly accepted, a few papers I had copied from my STR's whoch document symptoms of sleep apnea, buddy statements, and explained my PTSD and TBI. My exam lasted no more than 5 minutes. Yesterday, I received a letter from the St Pete Regional Office stating they were scheduling me for an exam soon. The C&P office beat the letter. Anyways, in the first sentence of the letter it reads:

"ON THE BASIS OF YOUR APPEAL, WE ARE ORDERING A VA EXAMINATION IN ORDER TO DETERMINE THE CURRENT LEVEL OF DISABILITY".

Could this mean that the DRO is conceding service connection and just wants to determine the level of severity in order to rate it properly?

Any information or insight would be greatly appreciated. I will post my decision when I receive it as it could possibly help any Veterans in a similar case.

Thanks.

James

[Pete53]

I have a pending NOD for service connection for Sleep Apnea. I have submitted to the DRO service records which document symptoms of sleep apenea (feeling tired after sleeping) as well as two buddy statements from roommates in the service. I'm also service connected for PTSD and TBI, which could be considered to cause sleep apnea. The DRO granted a C&P exam. I wasn't given a C&P exam the first go around. I submitted my claim right after my sleep study and diagnosis. The VA denied because the sleep doctor said the sleep apnea was related to obesity. The sleep doctor never discussed my service records or any current conditions at the time of my sleep study. (wish I would have done differently and offered my opinion, lesson learned) I went to my C&P exam a few days ago and the only question the C&P examiner asked me was whether I was still using a CPAP machine. I replied yes. I also gave her and she gladly accepted, a few papers I had copied from my STR's whoch document symptoms of sleep apnea, buddy statements, and explained my PTSD and TBI. My exam lasted no more than 5 minutes. Yesterday, I received a letter from the St Pete Regional Office stating they were scheduling me for an exam soon. The C&P office beat the letter. Anyways, in the first sentence of the letter it reads:

"ON THE BASIS OF YOUR APPEAL, WE ARE ORDERING A VA EXAMINATION IN ORDER TO DETERMINE THE CURRENT LEVEL OF DISABILITY".

Could this mean that the DRO is conceding service connection and just wants to determine the level of severity in order to rate it properly?

Any information or insight would be greatly appreciated. I will post my decision when I receive it as it could possibly help any Veterans in a similar case.

Thanks.

James

Its more like the DRO wants to award you but at same time cover thjeir ass

[kwveteran1108]

My exam lasted three minutes and the examiner asked one question. I understand every exam is different for every person, but just seemed rushed.

[Denmaint7]

Hello James, I wanted to post a letter to ask if your sleep apnea was turned down and did you try to do a "reconsideration letter" ? I did and waisted a lot of time. I was active duty then last 15-18 years were in Air National Guard, there I was discharged for having sleep apnea. I was on and off active duty orders for years...serving. Any way the V.A. first denied my first claim of S/A, then I sent in a re consideration letter "with new documents from my DR and copys of the orginal orders I sent in showing active duty service and apnea. I am really pissed as I now have to file a NOD, that will be more of the obvious information they already have. I do not have a good VSO, I am considering an attorney that was recomended. I could use some good advice right now. Thank you all for the support. Denmaint7

[kwveteran1108]

Denmaint7,

I completed my exam 2 weeks ago. It's pending decision now. I submitted a NOD. My first claim was turned down. I had a sleep study done in August 2009 and submitted claim and results immediately after. VA rated it based solely off VA sleep doctor stating that my sleep apnea was a result of my weight. I wasn't given a C&P exam the first go around. The VA sleep doctor who diagnosed me never reviewed my STR's or VA history. I had documented sleep and classic symptoms of sleep apnea documented clearly in my record while on active duty.

If I were you, and I have a good VSO, I would submit a NOD and request to appear in person before the decision review officer at the VA regional office. Most times the service rep (VFW, American Legion, etc...) can broker a deal with the DRO as the DRO would rather not have to take time out of the day to attend an appeal. Also, having face to face contact is always favorable I believe.

An ideal letter from your physician would go like this:

I (Sleep Doctor) have reviewed the Veterans Service Treatment Records, and in my professional medical opinion believe that it is ("more likely than not" or "at least as likely than not") that the Veterans current Sleep Apnea condition was incurred while on active duty or the result of some in service event or trauma.

This will almost without a doubt establish service connection.

I will keep you posted on my outcome and offer any help I can.