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Success! Finally Sleep Apnea Approved @ BVA

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pepperD

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Thanks Buck52 and  Broncovet,

It called the 1 800 VBA number Wednesday and the guy was confused, said my case was still open.

Called the Obudsman at Board of appeals, he confirmed VRO should rate SA or if they disagreed, RO would return file to BVA.  That hasn't happened.

Then I sent a statement of case to VRO to spell what they are required to due along with the copy of Oct 2015 BVA letter granting SA.  Sent it all Certified mail with signature receipt to evidence intake center.

Haven't heard from the IRIS inquiry from last week, tomorrow I'll send them another and follow up until they call me or reply to me so I know they got the message.

I'm holding out on a Congressional as my last resort. I'm not sure what the writ of mandamus is but I'll google it and follow up with that action.  I'm over waiting for the RO's at Winston Salem to do their job! 

 

Buck52;  I fell into the same boat with a dr. at Jackson, MS VA.  I went to his boss on my way out and spoke to her, she promised to get back to me with a resolution. I emailed her daily for a week, until she finally admitted she had spoken to the dr.  I replied back to her that "Dr. Kavorkian" pun intended, was not going to screw up my C&P exams.  I submitted a CUE, requested the RO remove his documents from my files and then reschedule my C&P at New Orleans VA.

Been a long fight, but I'll never give up.  Sad veterans have to fight a system like VBA.  Thank god for the brothers and sister we have that help one another through this fight.  Much thanks to all.

PepperD 

 

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  • 1 month later...
On ‎10‎/‎30‎/‎2015 at 4:56 AM, pepperD said:

I must thank the Veterans on this forum for sharing their stories, successes and wisdom.  My appeals at the Veterans Board of Appeals finally granted my claim for sleep apnea.  It's taken 6 years and 3 C&P run around to finally get a favorable decision.  The advise provided on this forum kept me motivated to stay with it and not back down.  BVA's last attempt in July 2015 to close my appeal was thwarted by my refusal to give in.  I disagreed with their "findings" and was able to prove that the C&P examiners were not considering all evidence presented.  My first C&P examiner flat out refused to acknowledge sleep apnea even though my record stated I had mild-sa, but I wasn't on a CPAP.  Forward to 2014, I got a Nexus from my private doctor that stated in his medical opinion, symptoms I was experiencing in 2007 were the same I was currently having.  Testing confirmed SA and CPAP issued.  Follow up C&P doctor did everything he could to contradict the test results.  He even went as far as to recalculate the math and his number came up less than what the Sleep test showed.  (Beware of doctors at Jackson, MS C&P clinic) they have screwed up 2 rounds of C&P's.  When BVA came back to me in July 2015 and wanted me to agree that my claims should be closed, I did more research, got 6 months worth of CPAP usage data together and filed a VA Form 9 and pointed out everything the Dr. at Jackson VA did that wronged my claim.  I pointed out the facts of my case again, 4th document to BVA, same subject. This time the Vet Law Judge concurred with the evidence.  The nexus letter from current doctor, though it was overlooked previously was mentioned in the letter from BVA.

Now the waiting game again while the AOJ in North Carolina re-adjudicates my claim for all the other items they failed to properly award compensation.  Though I may end up with another C&P exam for my lumbar spine, I feel much success finally getting to this point.  All the Vets that post their questions, cases and opinions on this site certainly helps other like me to see and stay motivated to fight VBA for what they deserve.

I'm not done with the fight and will continue to learn from advice on these forums.  For those Vets that just received their first statement of case and feel they've been handed an unjustified low compensation rating, I say to you, dig in and fight like a Vet!  It will be a long time consuming fight, but with the help of this forum you will get what is due to you so don't be afraid to ask for help.  The Vets on this forum have years of experience and many have fought and won numerous claims that VA originally denied. 

My scenario is the same as yours and I am in round 1 and hope that it only takes one round!

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You folks filed for it.  Pursue your filing until you exhaust all your appeal options.  Don't give up.  

I am in the same boat with my apnea claim, and I am well prepared for my defense to justify service connection and the correct rating.  

This process wears on you, it has definitely taken its toll on me, but I press on because fighting is all I know.  Not going to change that, especially when I have won all my pursuits thus far. 

If you have the evidence in your SMR's, if you have post service medical treatment and an opinion relating the condition to service at the very minimum with an " at least as likely as "  do not stray and pursue the claim until the end.

This is what I tell myself and others.  It is advice that has been given to me as well. I believe it to be just and attainable.  Having a bone  to pick with the VA is just a perk.  I know the truth and so does the VA, that is why they desperately try to push a claimant away and make them give up.  

The harder the VA pushes the more right and justified you are in your pursuits.  

 

JMO 

 

 

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Yes, I agree, but I can not continue to fight and be a good employee, husband, father, neighbor, son, grandson....etc,  so now I am in the process of enlisting in the services of a NOVA lawyer.

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Andyman73 and John Royal,

Hope your appeals turn out in your favor.  If/when the VBA schedules you for C&P exams, be ready. Best advise I have for you, take a copy of your medical records with you when you attend any C&P.  Have the pages marked where the record reflects treatments, diagnosis and follow ups for claimed conditions.  When VBA Dr's try to downplay your conditions, that's when you prove to the Dr. that you know what's in your records, they can only state the facts correctly. 

If your care is from a civilian dr, ask for agreement to sign an in my opionion letter. Type the letter yourself and put the statement in there that in my opionion the veterans condition is "at least as likely as" .......   Key is to tie it to military service.  There are many folks on this board that will even review and give advice on your writing.  I did this and took my letter to my sleep dr.  Had the conversation with him, and when he agreed that he would sign a letter in my favor, I told him I had the letter already drafted, left it with him and the next day, got a call from his nurse that the letter was signed and ready for pick up. He signed it as written.

Best of luck to you both. 

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