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Opinion And Suggestion Please........


Ken8651

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Hello and thanks everyone for reading this post. I current receiving 40% total disability "cervical spine-20%", "thoracic spine-10%", "bi-ankles -10%", right wrist-10%", "headaches (SC) -0%" and "Shoulder- Denied". My attorney already submit NOD on 29 May, 2013 ( about a year ago). VA doctor recently did a sleep study and discovered that I have sleep apnea and provided me with cpap machine, I never been treated while I was in the service, however, I did have 2 car accident within a week due to falling asleep while driving, and I did told my doctor in the military that my headaches and back pain caused me unable to fall asleep at night, I'm not sure if they put all that in my record. My question is should I wait until my appeal completed before I submit new claim for my sleep apnea (not sure if it will slow down my appeal process even more)? Which is better to submit it as a new claim or claim it as secondary to my back pain and headaches? How do I ask the VA sleep doctor to document that my sleep apnea caused by my service connected condition, I don't want him to feel like I just wanted the money. How often does SOC already increased the rating without going to BVA? Thanks again for all your input and help, good luck and keep fighting with the VA.

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I would file now. If you dont, then they will try to incline that your grasping for straws trying to make something stick.

Speak with the sleep doctor and try to find out exactly what they believe is the cause of your sleep apnea. They dont have so say that they believe it is service connnected, if you can get them to say its caused by one of your service connected issues, its just as good.

I believe the sluggishness of the va process is intentional, so you submitting another claim isnt that much of a factor in my opinion.

When claims get approved, compensation gets paid. They dont want to pay, so they slowplay claims.

You have to develop a mindset of patience but persistance. Dont worry abt things you cannot control., like the manufactured backlog.

Submit your claim, build your evidence , study case law. and dig in for the duration. i t sucks but its our enviorment. adapt, and overcome.

Edited by 63SIERRA
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Thanks SIERRA for your reply. I agree with everything you said and it is very helpful. Since I had an attorney for my appeal now, will my lawyer get more money if I file my claim and got approve? For example: I'm at total service connected at 40%, let say I got approved for sleep apnea for 50%, its will increase my total disability rating will be 70% without the completion of my appeal. Let say my rated does get increased after the appeal to 80 to 90%, will my lawyer get the 20% fee for all of this if I file it early? And should I let him know that I'm planning on to file the new sleep apnea claim?

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there is a fund that will pay the attorneys fees if it goes to the court from what I have heard/. EAOJ I think its called.

they will lump everything together and decide it all in one shooting match usually. they dont do it piece , by piece by piece.

Keep your attorney informed of everything.

Your attorney may frown on a new claim because it may take longer, but look what you stand to gain, possible another thousand a month. do whats best for you. he gets that 20 percent check one time, you get a bigger check indefinitely. dont worry abt what he will get, its peanuts compared to the long term amount you will get.

Edited by 63SIERRA
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you need to look at your claims as a project, not an event. not many vets get what they deserve in an expedious manner. we are all waiting, fighting and waiting some more. growing impatient and giving up is what VA hopes for. dig your foxhole, make it comfortable, stack your ammo and defend your claims.

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I agree with everything u said, I will call my lawyer tomorrow and letting him knows that I will file for sleep apnea claim and what he going to tell him. You are very helpful, thanks for all the important input.

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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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