ptsd Bbe Came In The Mail Today, Sleep Apnea Granted; Grounds For Secondary

[mariorivera830]

Alrighty, BBE came in the mail today. Sleep apnea is granted and pretty much everything else has been denied. Housebound granted as well. Here is the gist of it:

Reasons for decision:

1. Service for sleep apnea

Service connection for sleep apnea has been established as directly related to military service.

an evaluation of 50 percent is assigned from September 5, 2013

We have assigned a 50 percent evaluation for your sleep apnea based on: *requires use of breathing assistance device such as continuous airway pressure CPAP machine

Additional symptoms include:

*persistant day-time hypersomnolence

A higher evaluation of 100 percent is not warranted unless evidence shows: *carbon dioxide retention or; *chronic respiratory failure or; *Cor pulmonale

or; *tracheostomy required

2. Entitlement to special monthly compensation based on Housebound

Entitlement to special monthly compensation is warranted in this case because criteria regarding Housebound have been met.

3. Service connection for residuals of traumatic brain injury

Service connection to special monthly compensation for a disability which began in military service or was caused by some event or experience

in service.

Your service treatment records do not contain complaints, treatment or diagnosis for this condition. The evidence does not show a current diagnosed

disability.

The VA examiner found no basis for a diagnosis for TBI. The VA examiner gave the reason that, "there was no diagnosis of "TBI" in his STRS or other medical records. In fact, in his separation physical in the symptom section of the separation physical form, someone notes that he has had a

"concussion". Usually the patient fills out this portion. Dr Drummond completes the evaluation witht eh indication that there has been no history of

trauma. Both the patient and the doctor sign this page. As of May 29, 2014 there was no record of a TBI diagnosis for this veteran. This is not to

say that veteran did not or does not have TBI. It is well known that with careful examination and questioning additional facts may come to light that support new diagnoses or clarify previous diagnoses. However not comment regarding TBI could be made in the May 29 2014 evaluation of PTSD

when there was yet to be an official diagnosis. It is noted that he received 10% for migraine headaches that had been claimed, unofficially, as due to

TBI. However it remained unclear as to whether TBI had been officially diagnosed. This finding indicated that Migraine headaches was the official

diagnosis. Also, the 2507 dated July 29, 2014 requesting this addendum notes that there is no diagnosis of PTSD in the May 29 2014. As can be

readily seen, PTSD is the first diagnosis of the May 29 2014 report."

Service connection for residuals of traumatic brain injury is denied because the medical evidence of record fails to show that this disability has been

clinically diagnosed.

Ok, this has taken me about half of the day and falling asleep twice at the keyboard. So I am going to just scan and upload the pages for you guys to peruse at your own leisure. I will use the next post to upload the scans along with the questions about using their rationale as secondary claims. Thanks and I just wanted to ensure that their rationale was noted for those trying to get their Sleep apnea service connected.

-Mario

*Saved for scans

[georgiapapa]

Congratulations on a well deserved victory.

Thank you for your service and good luck to you and your family.

[Computer Tech]

Congratulations on the win.

Rick

[Navy04]

Congrats and good luck with the family and life.

[mariorivera830]

Ok I tried to post the scans in the post, but I had to upload them individually. So they go in order.... hopefully.

With the wording of "aggravated by PTSD but not caused by PTSD", is that a good basis for asking for those disabilities as secondary to PTSD? Or should I just let it go?

__

[ctbenja1015]

Congrats!