V.a. Calls

[Denmaint7]

Hello all, I wanted to share this info in case it helps any one out there that's sent a reconsideration letter /info into their RO. I had sent in a reconsideration letter "with new evidence" to my RO 02/02/12 received. I got a big letter back from them saying" I sent no new evedance and my claim was closed".

. I have not called or written anyone,...some time goes by, I was going to contact a lawyer that was recommended to me. Then out of the blue, I started getting calls from the V.A. I work nights so I missed the first ones. Called back, I got to speak to "Mr" Peggy and explained.what I had sent in new evidence and a letter from my Dr. explaining my chronic sleep apnea was evidant during my active duty service. It goes on to explain with my documents of military active duty service the dates all color coded and matched to sleep study and diagnosis.......weeks go by and all of a sudden my phone lights up! V.A. calling. After that was explaned to "Mr" Peggy another week goes by and... V.A. calling.... got asked what I was asking for. I explained again what my reconsideration letter was about and what was in it.

I also mentioned my thoughts on them cueing them selves, referencing CFR 4.4 and 4.6. One hour later,I got another call asking to call 800-827-1000 back. I did call... they said they do not know why I was called. Then 5 min later I get another call from county office rep for RO calling to advise me of a schedualed C&P appontment in 5 days.

I have waited a long time like all of us have, and you start to think nothing will ever move your claim and wham the phone goes crazy. I dont know what is in store for me at the C&P, but I will share if it is of value to you guys... I just found there timing was weird due to first receiving my $%&ew you letter. Hope my exam goes good. any advice. I have only had one so far. Denmaint7

[rdawg]

bring any documents you have to the c&p.

I brought internet printouts showing sleep apnea was caused by exposure to solvents and the c&p doc referenced them in his opinion.

Here are the links

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1061276/?page=3

http://www.ncbi.nlm.nih.gov/pubmed/3585422

http://www.ncbi.nlm.nih.gov/pubmed/1597686

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1061276/

I see you were AF like me. My exposure to solvents was documented in my SMR's. I'm waiting on a decision now.

[Denmaint7]

rdawg, Thanks for the info. I was in a lot of solvants and oils fuels while on the flight line since 1981. I was A crew chief on a lot of aircraft. I just found out my C&P is for my LT Knee and LT great toe I injured during my AD years, I will bring this info in case they can use it. I may be doing a NOD after this due to the V.A. not looking at all the evedance I presented them for sleep apnea. That was what I got put out of the military for! Go figure, I had two years on my enlistment! I was not aware of any of this V.A. stuff till now. What a kick in the $ss it's been , I have gotten more from 5 min on hadit than 2 years with my VSO. I have not gotten any substance from him at all on any thing. I dont even bother calling any more. I just wanted to thank you for replying back. All the best to you, Denmaint7

[Denmaint7]

Hello all, I had my 2 nd C&P exam today. I hope me sharing this is as eye opening as it was for me, but I am new to this. Any hoo , I got to my exam, first is x-rays on my lt foot and my knee. I had asked to be service connected for my knee and increase from 0% on my lt foot. I went into my exam and saw the same DR as my first C&P exam.We talked about my knee and my toe. He was looking at his computer and told me he had made a mistake earlier during first exam and clicked that my injury did not affect my job. He said he ment to click that it does. As that my toe does impact my walking/ back and life. He was very appoligetic, I thought today would be interesting but it gets even more strange but in a great way. I told him we all make mistakes and his change would eventually get to my rating and adjusted acordingly.I then shared with him how I got a second V.A. letter saying how my sleep apnea is not service connected. Well, according to the" DR I saw today and his computer" I was found to be service connected was there conclusion when I saw them months ago! I need to send a letter with the information I got from him on the specifics and send them to my RO. He said they made an error on that claim also! I need to learn more from this site to know what I should do next. My VSO is A NO Show. Im going alone with hadit.com's help. I still have 8 mo to get my NOD in if needed. I hope another letter to the RO will fix there problem with me and the sleep apnea. The C&P Doc knows it's service connected. That made my day.... Like all of you I only want what is right, fair and service connected. lol I was in the AF my entire adult life till now. I will keep you all posted if this is of any interest to the hadit family. rdawg, hope you are well sir! Thanks

[carlie]

Hello all, I had my 2 nd C&P exam today. I hope me sharing this is as eye opening as it was for me, but I am new to this. Any hoo , I got to my exam, first is x-rays on my lt foot and my knee. I had asked to be service connected for my knee and increase from 0% on my lt foot. I went into my exam and saw the same DR as my first C&P exam.We talked about my knee and my toe.

He was looking at his computer and told me he had made a mistake earlier during first exam

and clicked that my injury did not affect my job.

He said he ment to click that it does. As that my toe does impact my walking/ back and life.

He was very appoligetic,

I thought today would be interesting but it gets even more strange but in a great way.

I told him we all make mistakes and his change would eventually get to my rating and adjusted acordingly.

I then shared with him how I got a second V.A. letter saying how my sleep apnea is not service connected.

Well, according to the" DR I saw today and his computer" I was found to be service connected was there conclusion

when I saw them months ago!

I need to send a letter with the information I got from him on the specifics and send them to my RO.

He said they made an error on that claim also!

I need to learn more from this site to know what I should do next.

My VSO is A NO Show. Im going alone with hadit.com's help. I still have 8 mo to get my NOD in if needed.

I hope another letter to the RO will fix there problem with me and the sleep apnea.

The C&P Doc knows it's service connected.

That made my day.... Like all of you I only want what is right, fair and service connected. lol

I was in the AF my entire adult life till now. I will keep you all posted if this is of any interest to the hadit family.

rdawg, hope you are well sir! Thanks

1st of - I send kudos out to this C&P examiner in that he saw/caught his mistake, openly admitted it and will

now hopefully correct the mistake.

Apparently you have received a prior rating decision, that denied SC for your sleep apnea?

What exactly does that decision state (Reasons/Reasons and Bases Section) to support the denial?

What did this C&P examiner state, was the error they made?

Keep in mind that the C&P examiners do not have any authority to grant / adjudicate, a condition

as SC'd.

[Denmaint7]

_{Hello carlie, I will post that info you asked about tomorrow afternoon 03/15/12. Thank you for the interest. I hope you might give some more insite as what I should do next. Thank you, Denmaint7}

[Denmaint7]

To Carlie and to All, Hello! Sorry I did not get right back with my answer to that question. I double checked my letters from VA, it simply said Sleep Apnea is denied due to " no service connection" I have this on my orginal claim almost two years ago, I am sure I will some day win this claim. This was the "condition" that forced the Air National Guard to Medically dis-qualify me for service. I had 26+ years in good service in USAF 12 years , the rest of my career was in the Guard. I was on active orders and overseas more in the guard. I was on active duty orders while at my sleep study. My civilian DR wrote A letter saying in his openion that my" chronic sleep apnea" was service related to to my military time line. I sent that and all the other information with ss# at the top of every page, to the RO.

I had my C&P exam last week for my new claim for my left knee, service related and my lt great toe, currently at 0% for an increase. I just today... one week later..... wow... got a big letter from the RO, they want me to send in any additional information for my two claims I just mentioned. Strangely on the front of the document it reads IMPORTANT-reply needed within 30 days. It then list the two items. Then, it reads" The request for service connection for your SLEEP APNEA issue will be addressed in separate correspondence."

Keep in mind, I have in the last two months recieved back a un favorble answer to my "Reconcideration letter" that I had all my evidence plus new letter from my DR stating service connection.

I went to my C&P last week and had the same exammer, he found his mistake and openly... very openly admitted his fault for my toe. Great guy, great advicate for the vets. He was blown away after re-reading the notes in the V.A. computer that had the other TWO VA DR'S stating that my apnea was "Just as likely as not" service related. He sees no reason for this to be denied. I wonder how these folks look in the mirror. Why not get these easy claims done so productive work can be done for our brothers and sisters who do need a complex claim worked.

I am not sure you guys, here my question... If I should give it some time to see these two claims thru, and if they will change there tune about my apnea claim, or go file my NOD. I do have 8 mo time to work with on that. I do not have a good VSO, and I am for now taking this bull by its horns. Your thoughts will be great everyone, thank you. P.S. I was able today, 03/20/12 , able to drop off A brief letter to the exammer at the VA clinic asking if he could write a letter on my behalf stating the VA DR's evaluation, of the evidence the V.A. has showing service connection.

Thank you all, Denmaint7.

Edited March 22, 2012 by Denmaint7