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Should I File A Nod

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Gblack

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First I would like to say sorry, because I know this has probably been answered many times. But I recently had my Sleep Apnea claim denied becuase they said my sleep apnea was not service connected. Well here is where I am confused about the whole situation. In my medical records I have a diagnosis of OSA sleep apnea dated May 13, 2014 and I was issued a CPAP July 1, 2014. I seperated from the Air Force Sep 2015, due to VSP. So how come my Sleep Apnea claim not service connected? I started to have symptoms after a deployment. I really think it was an error, so should I file a NOD? Or do I need aditional evidence? I thought I gave them the dagger that they needed to apporve my claim. Diagnosis is in my medical records, had the diagnosis from the sleep study, so what else is needed. And to put the gravy on top the VA clinic even issued me a new CPAP machine this past June. Please help me out...

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First I would like to say sorry, because I know this has probably been answered many times. But I recently had my Sleep Apnea claim denied becuase they said my sleep apnea was not service connected. Well here is where I am confused about the whole situation. In my medical records I have a diagnosis of OSA sleep apnea dated May 13, 2014 and I was issued a CPAP July 1, 2014. I seperated from the Air Force Sep 2015, due to VSP. So how come my Sleep Apnea claim not service connected? I started to have symptoms after a deployment. I really think it was an error, so should I file a NOD? Or do I need aditional evidence? I thought I gave them the dagger that they needed to apporve my claim. Diagnosis is in my medical records, had the diagnosis from the sleep study, so what else is needed. And to put the gravy on top the VA clinic even issued me a new CPAP machine this past June. Please help me out...

What all and exactly is stated in the R&B section of the decision.

It should say quite a bit more than just, not service connected.

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Gblack...

I agree with Carlie that it "should" have a R and B, but I just got a decision in June that did the same thing. No R and B. What I did is email Allison, and I pointed out this was error, that R and B is required under 38 USC 7104, and asked VA to cue themselves:

Each decision of the Board shall include—

(1) a written statement of the Board’s findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record; and
(2) an order granting appropriate relief or denying relief.
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First I would like to say sorry, because I know this has probably been answered many times. But I recently had my Sleep Apnea claim denied becuase they said my sleep apnea was not service connected. Well here is where I am confused about the whole situation. In my medical records I have a diagnosis of OSA sleep apnea dated May 13, 2014 and I was issued a CPAP July 1, 2014. I seperated from the Air Force Sep 2015, due to VSP. So how come my Sleep Apnea claim not service connected? I started to have symptoms after a deployment. I really think it was an error, so should I file a NOD? Or do I need aditional evidence? I thought I gave them the dagger that they needed to apporve my claim. Diagnosis is in my medical records, had the diagnosis from the sleep study, so what else is needed. And to put the gravy on top the VA clinic even issued me a new CPAP machine this past June. Please help me out...

First thing first, when posting please try to get your dates right. It is not possible you separated in Sept. 2015 because it is August 2015. I am not sure when you separates 2013 or maybe 2014. Moving on, you could have given VA all the evidence they need and VA could still deny your claim, one because they can, and two because VA is in the process of trying to eliminate the current back log of claims. I am not saying they did this but it is a possibility.

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Bronco,

It appears that VA is getting even worst. Over the last several months in trying to help veterans, I noticed that VA award letters do not have Reasons and Bases anymore, they just have "Explanation of Decision" with no real reason and no complete list of evidence of how VA came to their decision. I know this is grounds for an appeal but we all know that appeals can take years to resolve.

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