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Partial Success/dro Hearing Finalized Pending Claim/appealed Issues Being Decided In Estimated 30Days

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ArNG11

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Thadine,

Your day will come and I hope it is a big day for you. It is hard to be defeated with a positive attitude like yours. You are right. Every time a veteran wins, we all win.

Take care.

GP

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Just keep pressing on. That grand day will eventually come. Keep fighting and take care folks.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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  • 2 weeks later...
ArNG11

Congradulations!!!

I had a DRO hearing yesterday and it was a second one in 6 months about service connection on OSA. The VSO and DRO were going back and forth on whether or not to record and ultimately navigated away from recording to save me from waiting.. i think it was a good move because if the DRO did not agree with it anyway it would go to BVA.. so the pressure was on him to consider and consider as quickly in favor of the VET.

The DRO clearly pointed out that he and you can't connect OSA unless it was treated in service. The DRO said lay evidence of snooring from Wife or Doc's in service would not be sufficient, but my VSO insisted he take what we gave him including a Chief Neuro of VA who stated he reviewed my medical records of service and stated that history of sleepiness was in the file, he mentioned date and time of viewing it, so will see if the DRO likes that.

My other contention at Hearing was for tooth and once again i get re educated about it's not compensatable.. i get that already!!! and out of know were the VSO noticed in my CnP notes that i was diagnosed by a Dental VA examiner , that i had TMJ.. totally overlooked and never claimed.. VSO tried his best to grandfather that in to support every aspect of my hearing.. and i think he might have considered this, but not sure how the results will be but i will keep you all posted.

Please comment if you can on my hearing, thanx

I got denied for SSDI, and i hope my IU will get approved..

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With SSDI, almost everyone gets denied the first time. I don't recall the percentages exactly but it is in the 80-90%. Just like the VA, appeal the decision. Both the VA and SSA can be difficult to beat but not impossible. my strategy is fairly simple. I am using the systems against themselves but I will warn you it does get difficult. Make sure you keep getting seen by doctors and maintain your treatments and continuity, that is imperative. Above all else for your own health and well being get treated. Be honest always, don't jeopardize your character or you might as well throw in the towel.

This whole process is a nasty game and not one that you want to loose in. If you can do your own research and have the means to get the evidence you need then go for it, however, I strongly suggest and advise getting representation when you go up through the appeals. It takes a lot out of you and at that stage you can't afford to make mistakes. They cost you dearly. Not just monetarily. JMO.

Sleep apnea is a doozie. It's not a presumptive and if you don't have the symptoms in service or the right worded medical opinions your done.

Personally I have gone against my rainmakers wishes and filed the appeal for it anyways. I may not get it connected, but I will at least get a fair C&P exam for it. Not going to settle for a decision that claims I don't use a CPAP for the CPAP DBQ and denies fatigue ability for thyroid condition because I wake up refreshed because I use a CPAP. That is just anal retentive denial syndrome. To be fair I guess I suffer from that as well.

Good luck.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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SSDI- Very True.. i just go denied a month ago.

Sleep apnea, i got denied twice and your right!! i had a DRO hearing yesterday on my appeal of OSA. This time i had a letter from x wife and Corpsman that said i snored in Military, Me and my VSO also argued that a DBQ i have that a Chief Neuro from VA stated that he reviewed my records as he treated me for OSA, he mentioned my SRB states that i had sleepiness issue during service. We argued that the VA did not consider this on the DRO hearing 6 months ago.

Crossing my fingers but it's true what you say.. it will most likely be denied, especially given the recent swarm of SA claims the VA is trying to swat like flies on sh_t.

Chief Neuro is the one who found out i had diagnosed osa via sleep study and is the one prescribed my vader inhalator (cpap)

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