ptsd Appealed Claim With 2 Issues

[Vetsforvets]

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.

[Buck52]

I think this veteran is asking why both claims were not decided?

If your claim was decided for PTSD and nothing was said about your SA

Appeal the decision not the PTSD but Appeal the SA if SA was in your claim with PTSD? and attach new medical evidence from an IMO & ask the Dr if he can state the SA is secondary to the PTSD

or wait a few weeks to see if they rate the SA? then do the above you have to get a rating before you can Appeal a decision.

They do rate each disability separately & usually rating the higher disability

There are no limits as to how many Appeals a Veteran can have.

Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System). A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year. There is no limit to the number of decisions or ratings with which the Veteran may disagree. There is also no limit to the number of NODs a veteran may have pending at any given time. A Veteran may also continue to file new claims while his appeal(s) pend

JMO

....................Buck

Edited May 25, 2015 by Buck52

[Vetsforvets]

To Buck, my initial claim was for Ptsd and SA. I went to c&p's for ptsd and sa. Did sleep study and dx with OSA. All of my MO's for ptsd and sa are from VA doctors. That claim for ptsd and sa were denied in same decision packet. They under dx my ptsd and I had no in-service treatment records. My sa also denied for no in-service treatment records. I began my appeal and filed 1 NOD containing both ptsd and sa. Years pass,I won my appeal and rec.blue award letter granting SC for ptsd. That award letter doesn't say anything about sa at all. I do have other separately filed claims that were all denied and are currently in appeals. On Eben, last movement was from vso to vlj then back to vso.

[Buck52]

I would appeal the denied decision for the SA!
File a motion to reconsider''
File a motion for reconsideration''

Get your sleep study and the Diagnosis to OSA and the C&P report.& MENTION THAT OBCIOUSLY SOME OF MY EVIDENCE WAS NOT CONSIDER IN MY FIRST DECISION ON APPEAL.

Time is limited.
you have 21 days to file a motion for reconsideration

However If they didn't rate your SA with the claim for PTSD & SA.

Just wait a while and see if you get something(decision) on your S.A.

Remember they rate each disability separate.

......................Buck

Edited May 25, 2015 by Buck52

[Buck52]

You have 21 days (51 days if you are outside the United States, Puerto Rico, or the Virgin Islands) to file a motion for reconsideration. (See Rule 35.) If the Court makes a decision on your reconsideration motion and you do not agree with the decision, you have 60 days from the date the judgment is issued to file an appeal with the US Court of Appeals for the Federal Circuit.

[FormerMember]

To Vs4Vs,

You filed; You lost and filed NOD on both issues; you filed VA 9 after the SOC for both issues; the VLJ approved one issue (bent brain) but doesn't deny or approve the SA. When was that date? If you do not get any up or down on it, you got what is called a "deemed denied decision". Depending on how long ago this was, you have some options. A BVA decision usually deals with each claim. They always list what you are appealing at the top of your BVA decision numerically- i.e --

1) request for increase in rating for PTSD currently rated at X%

2) request for entitlement to SC for Sleep apnea.

If the VLJ never decided or mentioned the sleep apnea, it is considered to be "deemed denied". If that is the case, and it was not remanded for more development, then you have (had) 120 days to file a Notice of Agreement (NOA) with the Court of Appelas for Veterans Affairs (CAVC). If you snooze, you lose.

Some of the advice above seems a little confusing. Since you are way past worrying what age, weight and neck size was in your NOD, look to the BVA. Best would be to get a copy of the c-file. I do not read anywhere or see that you have filed a NOA to the Court yet so any advice to file a Motion For Reconsideration (MFR) at the CAVC under Rule 35 is irrelevant. Your immediate focus should be getting an answer from the BVA by calling them and asking just what, exactly, the status of the SA claim is. It has to be a) granted; b) remanded for development or c) remanded with a request for a new or more recent C&P and a new stab at a rating. After any of these adjudicative actions, a grant or a SSOC would be issued. You have (had) the option of rebutting the SSOC within the 30 day suspense time constraint but you are (were) not obligated to-assuming you got one. If, after 30 days of no rebuttal, the SA claim denial is returned to the BVA and your VLJ for a new decision. You do not need to do anything. The appeal is returned to the docket in the order it was received long ago.

In any of the scenarios I just mentioned, your claim is still on appeal. You only file one VA 9 on this original denial. You can't keep kiting new ones at them or you"ll gum up this appeal six ways to Sunday and VA will become so confused they'll hyperspaz out. Each adjudicative motion to appeal has to be predicated on a denial of some sort. Initial denial = NOD. SOC = VA 9. If the BVA hasn't made a decision or for some reason you didn't get the email/letter informing you of the denial, then the claim is still viable. I have to assume you have a VSO minder or an attorney in this somewhere. It seems they would know what the posture is if they are driving your claim boat.

I have filed two VA 9's on one claim but it was in the context of the appeal remand being granted at a low ball rate. I immediately filed a VA 9 as I had 30 days from the issuance of the SSOC to act to protect the appeal. You cannot file a VA 9 on an appeal that is lost somewhere in Limbo. Absent any action on the VA's part, you can only assume someone is asleep at the wheel or it fell into the AMC black hole. In any case, VA is obligated to tell you whether it's decision was up or down. Deemed denials were deemed outlawed some time ago.

Best of luck. If you are lost, I'd suggest an attorney to sort it out. This is way above the pay grade of a VSO.

[Vetsforvets]

To asknod

I filed nod 9/2011. I rec. the appealed decision granting me sc for ptsd only 7/2014. Eben movement for remaining portion of appealed claim (SA) was: vso to vlj then back to vso. Last movement was 1/2015. Hopefully went back for more development to connect my sa to my sc ptsd and not denial. If denial, wouldn't they have denied it in the same decision granting sc ptsd? Mainly me and some help from a vso rep. are steering the claim boat. I'm gonna call bva and see what is going on. Thanks for the help. Hurrying up and waiting.