EBenefit update question

[DirtyBulk]

 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 September 6, 2015 by DirtyBulk

[Buck52]

Broncovet

you should ask Alex For suggestions  I understand he is going to be a  Veteran Representative   you could get his expertise advise.

but he also used Dr BASH or Bob Walsh...I'm not sure on this?  but I bet he could help you out there buddy!

They should be a way for you to prove they didn't read your evidence at the rating board! to make a correct decision on your claim/claims.  just always remember keep your claim alive so-to -speak and think of all that retro when you do win it  and you can win it  just hang in there and try not to let them get you all frustrated.and quit.thats what there mission is.

 

I was thinking if your trying to get TDIU P&T  if your already 100% why not try for SMC's If your disability's warrants it..if they do  you need to go for the whole enchilada too!  maybe you  have?  if not go for it.

I wish you the best just never give up  keep the fight going.

jmo

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

Edited September 11, 2015 by Buck52

[DirtyBulk]

Just an update for everyone:

 

 

The VA denied my reopened claim for sleep apnea; they stated that no in-service incident was documented that would correlate to my claim for sleep apnea.  I can post what the exact quote was, but that was pretty much the gist of it.  I was hoping that the VA would not deny my claim, but I was also realistic in the sense that the VA makes you fight for every penny you deserve.  I don't know what I am going to do; if I should file a NOD.  I had strong buddy statements as lay evidence, but no NEXUS - which, as everyone stated was the major piece of the puzzle that could help me in my case.  Any suggestions?

 

 

Feeling pretty crappy - did everything I could for my Corps and this is the treatment I get.  Thanks everyone.

[broncovet]

Buck...

    I have contacted Alex, and he has me "on the list of his to do's".  Alex and I have been friends for many many years, and we have discussed my case in great detail. Other Vets have requested his assistance, too, and I get that completely.   I actually appreciate him working on homeless Vets claims before mine.  I remember when I was one of the Veterans waiting for the banks foreclosure letter.  My foreclosure letter  came about a year before I ever got VA benefits award, even tho I had applied 3 years earlier.  

    Believe it or not, I actually remember suggesting to Alex he apply for ILP, and also rememeber telling him about the Veterans benefit manual.  There are "2" VBM's.  One is a generic brochure published by VA called the "The VEterans benefit manual".  The other one is an exhaustive legal guide for attorney's and Veterans advocates.  I think the VA no longer calls their "guide" a VBM.