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Success! Finally Sleep Apnea Approved @ BVA

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pepperD

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I just want to clarify - why I state VBA instead of VHA.  Both are part of the Veterans Administration.  VBA is the problem, as I see it, they just can't get their act together and are inconsistent in ratings.  VHA are the dr's and staff at your local VA hospital that provide your care, and most do an exceptional job.  VBA Dr's on the other hand appear to try to do anything they can to contradict what's in our SMR's.

None of us should relent on our fight with VBA. IMO they are understaffed and under trained which leads to mistakes on their part.

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pD, good work on the BVA Award, 2015.

For the benefit of Vets waiting for their BVA Hearing, could you post a Claims/Appeal Timeline? Remands?

I was successful with a DRO Hearing 06/14 from a 2010 NOD, about 4.25 yrs waiting for the Hearing date. How long did you have to wait for your Docket Number Assignment, BVA Hearing (DC, RO Travel  Board or Video Hearing) and subsequent Official BVA Decision Letter?

Semper Fi

 

 

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  • 1 month later...

Hi,    Been awhile since I posted. I put in timeline as Gastone suggested and it either got moved or removed from this thread.  Here's just the overview:

Took me 5 and 1/2 years to get a final decision.  Partly because someone at RO "lost" my documents.  Appeal filed Aug 2010 and apparently was received by BVA and given a Docket number by board of appeals.  Docket number was 10-XX-XXX.  Which means it was assigned in 2010.  With exception of a letter from RO stating they received my appeal and was forwarding to Board of Appeals, I heard nothing.

I did not hear anything from VA for the first 2 and 1/2 years, and from what I read, it would take longer so I waited thinking my appeal would eventually be reviewed.

So around November 2013, I sent a letter of inquiry to BVA.  They replied in December stating they showed no evidence of receipt of my appeal and asked for any documentation I had.

Well I copied and sent them the Appeal package that I originally submitted along with the signed post office documents showing RO had signed for package and a copy of the receipt letter from RO.  Next letter I got was one stating they now had the information needed and provided me the docket number from 2010.

From 2013 things moved on and around early April, was scheduled for C&P's.  Jul 2014 BVA sent letter stating their findings and requested more documentation.  By this time I was having more problems with my sleep apnea, so I went to a sleep doctor through Tri-Care, got the sleep studies started and confirmation of SA.  Submitted over 1000 pages of medical records.  Sept 2014 I got a Nexus letter from Sleep Doctor signed (had to write it for him), and when he signed it, I completed a Statement of Case and used similar VBA Docket information in my SOC in order to correct the mistake by my initial C&P examiner, who refused to retest me for SA.

October 2015 Board of Appeals granted SA from date of discharge.  RO failed to rate it for 9 months, so I contacted my local Congressman and asked his office to request an update to where RO was in process of rating BVA's awarded claims. 

RO rated me for 3 items but failed to rate SA.  I again submitted a Statement of Case and attached a copy of the BVA letter stating SA was awarded and demanded a rating.  July 2016, SA finally rated by RO at 50%.

As I've stated before, it was a long fight but worth it an I've learned that you have to keep proof of everything you send to RO's and BVA, in the end, this is what kept my case going and ultimately getting a rating.

Edited by pepperD
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Also, I chose not to have a hearing.  Requested a Veterans Law Judge to review and decide on my case.  For me this worked out, but did take a lot of work in compiling medical records and dumbing down the diagnosis for the RO.

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