Could Rating Letter Narrative Be Used In Nod?

[thomasc]

I was looking over my old rating letters and notice that the narrative for PTSD included

sleep disturbances. So could past rating letters be used as evidence in support of my sleep apnea NOD? I know it sound strange, but sometimes I wonder if the VA reads their narratives.

What do you think?

[jbasser]

Yes it can.

J

[john999]

I think sleep disturbance is a symptom of PTSD. What they say in rating letters becomes fact. The VA SC'ed me for PTSD among other things in a rating letter even though I never claimed it. I say if the VA said I was being rated for TDIU and included PTSD as being one of the conditions identified then I was rated for it along with co-morbid conditions. They probably would deny this and say it was just a big mistake. The mistake is in writing.

[Vync]

I have done this. I was told by my excellent DAV rep (not the bad ones I fired later) that anything on the blue pages was an official ruling.

[thomasc]

It just seems logical that if I have sleep disturbances that maybe its led to sleep apnea. My rating letter is a work of contradictions!

[Chuck75]

"My rating letter is a work of contradictions!"

Yours and many others. At least you are not alone!

Why do you think about 2/3 of the pending claims are appeals, etc.?

[ArNG11]

It is always a contradiction. It is a an adversarial system which is structured to do a few things. Deny if at all possible. When it can't be denied then give the bare minimum. When it is appealed, state we construed or misconstrued the facts. So sorry Charlie we could not tell our ass from the facts. The paperwork will always shed light on the truth. Some times the journey will be long and it will take its toll, but perseverance will be a testament and true test. The confuse and evade tactic only works for so long and eventually you will have to face what is to come.

Anyways didn't mean to go off the deep end. I think that a rating letter can very well be used against them in an NOD. They have to follow the regs and law correct, at least you will force them to, Point out what they missed. Cite the regs, cite the evidence. File the NOD and start the appeals process. Build evidence, cite reg references again and see it through to the end. That will help.