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Unexpected Success

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richmc

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Congrats bud and wish you the best. I have my exams next Tuesday for my current claim. It never gets any easier, that is for sure.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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I had applied for several contentions including sleep apnea. Diagnosed 6 years after medical discharge and filed as secondary to knees due to weight gain and the years of opiates they had me on for the pain. Knew it was a long shot on the first go but had hopes of getting it on appeal.

C&P was done at QTC here in OKC. The doctor seemed like kind of a jerk at the time. He stated he did not see a connection so I told him about reading about studies showing the link between the opiates and sleep apnea. He also looked at my knees but only at what I was already rated for and totally ignored my new claim of instability. On my old ratings he made a comment about not seeing why my left knee was even rated at all. Was having a good day that day so no swelling or anything. Told him it might have something to do with the fact that during the exam for the initial rating my knee was swollen to over twice the normal size. Left the office not feeling good about the exam at all even though he said he would try to find the studies.

Yesterday I went from prep for notification back to gathering evidence but also said decision letter sent.

I was given the sleep apnea, denied MDD(I screwed up and filed it as a primary instead of secondary), and my back issues and new knee conditions were sent back. Went from 30% to 70%.

Now just wating for new C&Ps and for the back pay on the increase to hit.

Congrats.

The VBA should adjudicated under both theories direct and secondary, without you

HAVING to state which one.

I believe there is a reg that covers this.

Perhaps someone will chime in more on this and post the reg.

jmho

Carlie passed away in November 2015 she is missed.

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  • Content Curator/HadIt.com Elder

Congratulations on your win.

Taking printed copies or web links of the case studies with you to a C&P exam can help, if they are willing to accept them. This way they can verify them without having to dig. It shows you are prepared and did most of the legwork.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Totally agree with Vync.

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