Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Appealed Claim With 2 Issues

Rate this question


Vetsforvets

Question

Hello everyone. I have an appealed claim with 2 issues (ptsd and sleep apnea). I only received a decision for the ptsd portion of the appealed claim, which was decided to be service connected. The decision didn't say anything about the sleep apnea portion. Is it normal to have a claim/appeal that has multiple issues decided separately? Should I expect a denied appeal or what? Thanks for any help.

Link to comment
Share on other sites

Recommended Posts

  • 0

Expect the Unexpected! Do you have a VA or private SA DX? Have you received a C & P for SA? Did you get a copy of the SA DBQ? Check your AWARD letter and if it's been long enough, your E-Ben site, for status of your claimed issues.

Were you claiming SA, Secondary or aggravated by your PTSD? If so, do you have a Nexus statement in your private or VA medical record attributing the SA to your PTSD that was DX'd prior to your SA DX? SA is a tough nut to crack, got mine SC'd as secondary to CAD. You might want to check out Chris Attig's VET Law Blog, recently discussed SA Claims.

If you have a VSO-Rep, what does he/she say?

Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

I have a VA dx for SA. I did have C&P for SA. I received the docs report showing I have SA. Award letter only mentions ptsd. I've been checking Eben, remaining claims are in appeals. I filed them together on same claim, but not as a seconday specifically. I have only VA dxs for both. My SA was dx first and denied. My ptsd was miss dx and denied. I received another C&P then awarded from appeal. My VSO rep says she can't help me over the phone. She is really of no use unless we are face to face. It's to far to just go there, need apointment as well.

Link to comment
Share on other sites

  • 0

I've treated this situation as a denial when it's come up in my claims and SOCs. It's a silent denial, but a denial none-the-less.

From your posting, it seems as if you've received a decision letter from the RO in response to your NOD. Did you receive a SOC? Even if you didn't, get a Form 9 in ASAP at least carrying on the appeal for OSA and anything you disagree with in regards with your PTSD decision (effective date, rating level, etc).

Link to comment
Share on other sites

  • 0

My claim for ptsd and sa were denied together in the first decision. I filed nod for both ptsd and sa together. Rec.appealed decision for SC ptsd. The appealed decision didn't say anything about the OSA. The only SOC I rec. was with my initial claim denial decision. Do initial claims & appealed claims with 2 or more contentions always get decided tobether?

Link to comment
Share on other sites

  • 0

My claim for ptsd and sa were denied together in the first decision. I filed nod for both ptsd and sa together. Rec.appealed decision for SC ptsd. The appealed decision didn't say anything about the OSA. The only SOC I rec. was with my initial claim denial decision. Do initial claims & appealed claims with 2 or more contentions always get decided tobether?

They're supposed to. You ought to get a Form 9 in ASAP on OSA. The RO could still decide it in your favor, but you'll need to remind them that there was another condition. Otherwise, the BVA will have a shot at it. But without a Form 9, your argument is dead.

JMHO, ROs are moving very, very quickly trying to get through claims stacks and now the growing stacks of appeals. In this kind of environment, errors like the one in your decision are prone to happen. Besides, OSA is a 50% proposition and will change your overall rating in a major way.

Link to comment
Share on other sites

  • 0

Age, weight and neck size? Any private or VA medical records documenting possible SA symptoms prior to PTSD DX? Any medical records documenting PTSD symptoms or care dating back prior to onset of SA symptoms? Do you have a Sleep DR's statement indicating your SA is more likely than not, Secondary to your PTSD symptoms?

What did the 1st SA denial give as a reason? What New & Material evidence for your NOD was supplied?

Semper Fi

Gastone

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use