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Unexpected Success

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richmc

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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

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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.

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Totally agree with Vync.

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