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ghillbe

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have a question for all, I origanaly filed for 3 items after my gulf war regestry exam for sleep apena,ptsd and insominia, I was denied in july 2010 I field a appeal on dec 2010. In dec 2010 I filed a new claim for 14 items under undiagnosed issues, my question is should I cansel my appeal and file a new claim for ptsd and sleep apenia and insomia secondary to ptsd? or can you add or change after an appeal or add these items to my second claim thanks

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Just want to clarify my earlier reply.

SA - IS a separate issue from the PTSD

but I would not add in a separate claim issue of insomnia, with the PTSD.

Carlie passed away in November 2015 she is missed.

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thanks for all the info. my original came after a regersty exam and i had no clue what to file for the american legon service rep was a little bit overwhelmed and he made mistakes on my file. after a daniel I started to became more versed in the claim process and in dec 2010 I filed a for an apaiel and now I wait like all. I do know it is a long process I just hope my health lasts long enough to see it end.

thanks again

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Hello ghillbe,

I almost forgot......though I have a very good lawyer who has helped me get this stuff thru..... the VETERAN has to be able to do the legwork and get the EVIDENCE to them so they can prepare it for the VA. Having a lawyer by no means is absolutely assured of a claims in favor of the Veteran , but without one sometimes can mean you MAY loose. The Veteran is the one who is ultimately responsible for his or her claim. Learning the CFRs and the M21s with some knowledge of searching BVA decisions will aid in your lawyer or VSO in preparing the plan. I would remember that the Veteran knows his case better than anyone else and being able to gather , research and get it your POA Rep is the only way the Veteran can be reasonably assured of keeping the claim on track.

If your claim is complicated then the VA will try and stall it more because it is a "dog" and they hate having a "dog". That means just put it off and rubber stamp it if possible. So then the appeals and Lawyers may be the only route left.

I just wanted to make sure that you understand a lawyer or rep is only as good as the Veteran who helps gather evidence and makes the IMOs happen. It is a team effort. Oh yes ,,,,Hadits team is proven and capable to handle almost any situation . This is a team effort no matter which route you try and take. Best of success to you and above all.....NEVER GIVE UP. God Bless, C.C.

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Sleep problems like insomnia is a part of PTSD and depression and will not be granted on a secondary bases. There are many court cases on this one issue.

If you have fatigue due to sleep apnea and PTSD the SA can be worked as a secondary issue to the PTSD with the right doctor statements and research report that has been posted.

Just want to clarify my earlier reply.

SA - IS a separate issue from the PTSD

but I would not add in a separate claim issue of insomnia, with the PTSD.

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

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Should I turn in a 4138 stating sleep apneia secondary to ptsd or just let the dro review say it is secondary? insominia secondary to ptsd? or add sleep distribances under cfr 3.317 unexplaned multi synmpton gulf war filing and add them to my current claim?

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