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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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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:

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FMFDoc77

Claim Closed Today But No Change On Benefit Verification (Ab8)

Question

Recent claim went from Pending Decision Approval to Complete but no change on my Benefit Verification (AB8). Does this mean denial?

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not necessarily.

go to Apply for Benefits >> Compensation Benefits and go thru the screens like you are starting a new claim. About halfway thru you will see all of your conditions with thier percentages. ANy that say Not-Sevice connected were denied. If they have 0% then they were awarded with a 0% rating.

Make sure you delete the application for benefits at the end.

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I tried that and it did show as you stated but it shows not service connected as they denied it. Is there a chance they have not updated it or does that mean denial? Does a denial go through all the steps like Pending Decision Approval etc.?

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All you can really do is keep waiting for the decision,

if you have a vso, I'd give them a call in a week or so

to see if they can give you a heads up.

JMHO

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Yes but I tried what rdawg said to do "go to Apply for Benefits >> Compensation Benefits and go thru the screens like you are starting a new claim. About halfway thru you will see all of your conditions with thier percentages. ANy that say Not-Sevice connected were denied. If they have 0% then they were awarded with a 0% rating."

It showed all of my current disabilities and ratings and said not service connected for the two claims that were just finished but from my past experience most denials do not go through all the steps, they are cut short i.e. Pending Decision Approval etc.. Just makes me mad because I do not see how they could deny it.

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Benefits Explorer is the same as well and remains at 60% but says yes to Permanent & Total Disability. Don't know what this means but would have to assume denial as my Benefit Verification (AB8) remains the same as well as Benefits Explorer and the fact that I did what rdawg said to do and it showed not service connected.

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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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