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Sleep Apnea Win

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adkins7b

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HELP!!!!

Ok, got the BBE it has so many errors and i havent even read the entire thing. my mind is jumping all around.

bi-polar with depression and anxiety. i am not sure if i claimed it wrong in the begining or thats how they do it. I have symptoms of all in my honorable period and it states that none are in my smr. It also says i was never treated for adhd and i was and have medical records to prove it.

Bad conduct discharge, I recieved an OTH and i never went to court martial. it was a civilian charge, they just through this claim together.

I did not recieve one C P exam but they have a doctors opinion in my claims, but they do not have my doctors opinoin or list his nexus letter on my bi-polar. i need help from the experts.

I have several break downs listed on my honorable period of service, there is one that i say my mind is jumping around alot and i can't focus at work, depression.. they listed me chronic anxiety 2008 my honorable ended 2006. This is complete bs.

What the quickest way I can fix this, they straight out say I do not have evidence in my smr, i put the pages together myself sent them through vso, ebennefits, and i mailed them a copy.. i was crazy, they probably hate me..lol i sent all evidence three times..

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Edited by adkins7b
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I need some of the experts, I tried to im Berta but it didn't have option. I need to know how to file a cue and if i should, they just pushed this claim out and it has a million errors. It even says i went to court martial and have a bad conduct discharge. It was a civilian charge and i was given an oth at an admin board.

My nexus letter for bi-polar is not in there, I sent it three different ways vso, mail, ebennefits upload. i am just really pissed off I have civilian doctors that have been seeing me for over two years and they god medical opinions without sending me to C P exams.. Thats bs. Am i going ot have to wait 2-3 years when I have all the evidence i need.

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Congrats on the sleep apnea. The last paragraph of your decision sums it up: They said your SMR's were "negative" for your disorders.

You see, "absence of evidence" is NOT "Evidence of Absence". Read that sentence again. Just because your service records are incomplete, or the VA lost portions of them, or maybe these records never existed, does not mean you went to a doctor and he diagnosed you as "negative" for the disorders. Instead, it means the VA should look over your records again.

You should file an appeal, especially if your records document the maladies denied. Cite 38 CFR 3.156, in your appeal, as this regulation deals with "SMR's lost then found".

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File a NOD, and submit new evidence. You dont need to file a CUE since you are within the one year appeal period.

Berta will likely ask to to ask the VA to cue themselves, based on what you posted. This may work also, but in every case, I would make sure I filed a NOD within 12 months because Cue "raises the bar" against you. With CUE you have to prove its "undebateable" while with a simple NOD, you get the benefit of the doubt. Cue claims are NOT awarded with the "benefit of the doubt" standard.

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The records are not lost and I sent them in three different ways ebenefits, vso, mailed them in everytime.. My smr for my honorable period has anxiety, depression, went to the doc three times I would do really good. I would go from the ep sailor to the guy thats was messing up on everything.. I went to medical everytime this happened... i sent in these records.. I think they just pushed the claim through.. I have a nexus letter for my bi-polar and two civilian docs diagnosis me with ptsd from service.

I worked security duty during 911, was shot at downtown naples sent in buddy letter, and i severe physicla alterication with 3 tow truck drivers in naples italy and went to medical. All it has is a picture of my black eye.. I have tons of evidence in my honorable period..

I will appeal, I just hope it doesnt take 3-5 years. I'm in bad shape, I can't even get out of bed somedays

Edited by adkins7b
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