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DirtyBulk

EBenefit update question

Question

 I had a question and was wondering if any of you, who are more experienced with the VA claim process, can give some insight on my situation.  I am rated at 90%; 1 year out from discharge I was having issues that corresponded with sleep apnea, I told my VA doctor and she ordered me a sleep study, lo and behold - I was diagnosed with OSA and was given a CPAP machine.  I submitted a claim for sleep apnea and was denied a percentage because it was not SC'ed.  I was a little perturbed because I knew I had MANY documented sleep issues while active duty, but the VA still did not SC me.  I went through my SMR with my VSO and we highlighted everything that was related to sleep issues/disturbances, we reopened the claim with submission of new evidence plus really good lay evidence (buddy statements from my actual platoon DOC who admitted that I complained about sleep issues while deployed in Afghanistan, only to deny me special attention and gave me Benadryl as a solution to my problems) - and a few other buddy statements from my former superiors who also denied me medical attention.  My original date of estimated completion after reopening the claim was December 2016, but after waiting a month then checking Ebennies's; they moved the date to 9/13-9/20 with a preparation for notification. 

 

My question is this:  On my ebennies list of disabilities, it's still showing as "sleep apnea not service connected", would this remain this way until I receive the big brown envelope?  I just get concerned that I am still not SC'ed because of that.  Obviously, that could still be the end result, but I just want to know if the update wouldn't happen until the letter is received by me.  Any guidance or help would be greatly appreciated!  

Edited by DirtyBulk

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DirtyBulk

My suggestion first of all would be to wait for your BBE and see what it says. When I was waiting for my latest claim to close eBenefits said one thing and the “OFFICIAL” letter said something else.

You have done right in getting ready for an appeal by going through your SMRs and highlighting everything. I did something along those lines when I was waiting.

Hope for the best, but prepare for the worst.

OSC

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I agree with OSC, however, I would guess this is not a good sign.  Do look on your AB8 letter, that seems to be updated on ebenefits more accuratly and more timely than anything else. 

My experience is that sleep apnea is difficult to SC, and my first thought is, frankly, after you get the BBE you will need to appeal. 

Dont feel like the lone ranger, the VA is denying claims en masse, and sending them to the BVA.  Its a political situation where politicians can boast, "See, I reduced the VA backlog", and there are even people, who are unfamiliar with VA who believe that.    That is, those who dont know they made things worse at VA...where it did take a couple years for an initial VA denial, now this same decision is so low quality it will take 4 or 5 trips to BVA to fix it.  

Mine kind of went like this:

1.  First, the VA ignores the TDIU claim for 7 years.  

2.  Then they finally adjutciate it and say its "moot" as I got 100 percent.  

3.  Its off to the BVA, finally, after 10 years, to a remand, where the Board said TDIU was "not moot".  

4.  It takes the VARO 3 years to implement the board remand, and, guess what, that is wrong again.  This time they adjuticate TDIU only on 2/3 issues that are SC.  Wrong.  

5.  I luck out, complaining to Allison about number 4 and they readjuticate it in 3 months.  Of course, its wrong again, because they can not/did not read my evidence.  

6.  Now, its back to the BVA again.   Its been a total of 13 years, and I think it will take another 13 years, or longer, for them to keep fixing errors, and thinking up new ones to delay.  

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I too agree, as my current claim is a Review of 2 conditions, and have been at Prep for Decision for the last month or so, and it states over due as it was suppose to compete by the 3rd of September. So my 2 conditions still state the same %s on Listed Disabilities. As stated above just wait it out, and Good Luck. PS try not to let the wait process drive you crazy!!!

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Thanks everyone.  It's less then 2 weeks for my BBE to come so I'll just wait it out (while continuously checking ebennies haha) but I'll make sure to keep everyone posted.  Hopefully they SC me for OSA - this would rightfully push me to 100% and I can finally try and put this behind me.  

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So as of yesterday 9/8/15 - my claim was closed and the BBE was sent out.  Today I checked for any updates to my AB8 letter and checked my account for any pending deposits and nothing; hopefully I am one of the few cases where Ebennies doesn't match what the BBE says because I will be extremely bummed out.  Like I said it has only been 24 hours since it was closed, so hopefully it just hasn't updated yet.  I reached out to my DAV and he is going to contact my RO to see what their system says, but I don't know if it will show anything different.  I don't know if he is privy to that information before the BBE comes.  Hopefully I won't get shafted, but I am preparing for the worst. 

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Ive been "bummed" about 8 negative  decisions.  But, 2 of them have gone at least partly my way.    Did you know I was actually scared that I would get the whole enchilada and then not have "anything" to look forward to from a financial perspective?  

 

Alex just got the whole enchilada, even his 120,000 greenhouse.  He has nothing else to file for, no claims pending, or so I understand.  Zilch.  At least this way I have something (financial) to look forward to.  Well, I have other things cooking also, such as an investment in FNMA, but VA is a biggie.  

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