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Is It Cue?

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abhusal

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abhusal Contributor

abhusal

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Hello everyone,

Under Benefits Delivery at Discharge (BDD) Program, I filed claim for PTSD, Short Term Memory Loss, and Unspecified Sleep Disorder. I had C&P only with VA contracted Mental Health Provider. I never had C&P for the unspecified sleep disorder claim. I was awarded 30 % for service connection for anxiety disorder NOS (also claimed as short memory loss and sleeping disorder). Symptoms (reported to physicians and documented) related to sleep disorder while in service continued after discharge and documented well on VA medical record. After 5 years discharged from service, I had sleep study and diagnosed as Sleep apnea (ICD-9-CM 780.57). I am using APAP now.

My concern is: With same symptoms in service continued after discharge and diagnosed with Sleep Apnea. When I filed a claim for sleep disorder 5 years ago, if VA had conducted sleep study on me, I would have diagnosed with Sleep Apnea while in-service. VA failed to do it.

Isn’t it a CUE?

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Berta

Berta

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Yes...I agree too, with Carlie and PR.

OSA is different then sleep disturbances which most vets with any anxiety or depression disorder can have, as symptomatic of the MH issue.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta

Berta

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PR, did you mean Deshotel, Fed Circuit case?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Philip Rogers Grand Master

Philip Rogers

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PR, did you mean Deshotel, Fed Circuit case?

I don't think so, as I don't think I had even heard of this one. The original was the "deemed denied" case and I believe the VA won that. I don't know what's happened since. To me, the deemed denied case violated so many rules, that I couldn't believe that it passed.

pr

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