hypertension sleep apnea appeal

[chief5631]

I'm a newbie here, but at the advice of my VSO I claimed and then appealed that same denied claim for OSA.  I spent almost 30 yrs in the USAF and didn't get tested until a year after I got out.  I didn't read any websites like this because my VSO couldn't believe it got denied, but after reading all this I can see why it got denied and the appeal will get shot down as well!  I don't have it tied to any other SC condition?!  How can that VSO even have a job there?  All I have are the records from a private pulmonologist saying I have OSA and RLS, plus his PA filled out the DBQ and stated it indeed started while I was active.  Oh and I have a lay statement from my wife.  I need help asap.  I have an appt tomorrow and was going to ask my OSA sleep doc for another letter, but tie it to what?  I an currently SC for GERD, hypertension, respiratory infections, sciatica, left leg numbness, right knee pain, left ankle pain etc.  Any help would def be appreciated, in the meantime i'll try to see what I can find out here on this very informative website

[Slick]

here's my 2 cents- VSO's come in different flavors. All have good intent, some smarter than others, that's 1.  2) I believe you have to have a "rep" at least on record, but I also don't believe you have to do a "mother may I" and process everything through them. 

Sometimes I use the one I have on record (DAV), other times  (mostly) I've dealt direct with the VA-  done my research to include tapping the experts on HADIT and submitting paperwork direct to the VA.  If hard copy, mailed with a receipt request, online I print the receipt

[TALON II FE]

54 minutes ago, chief5631 said:

I have a question about the VA admin section...I use a VSO that's assigned to an organization.  Those people do not work with the VA correct?  What I'm getting at since I am being steered so wrongly by every VSO I come in contact with can't I just deal with the true VA personnel?  Am I making sense and with your experience and you obv have a lot what do you think?

YOUR OWN BEST ADVOCATE IS YOU>  NO ONE LOVES YOU LIKE YOU, ETC...Sound familiar?  Of course, it does!  Not everything you heard on AD was BS, and this VERY MUCH applies to dealing with the VA, any legal matters, etc.  There are some good VSOs (or, so I have been told), but I never had one.  Each one I ever talked to had a different opinion and no reference to hang it on.  My VSO all but scudded my claim, causing a huge delay which cost me and my wife a bankruptcy.  Who's ultimately affected?  Not the VSO!

  Many if not most of us here grew up without internet.  Remember the Dewey Decimal System?  Well, no one needs to remember ol' Dewey anymore, there is a cornucopia of knowledge at each and every one of our fingertips...or you wouldn't be reading this.  Obviously, you are researching for yourself, or you wouldn't be reading this, like I said.  Don't stop here!  Read thru some of the other 'less friendly' sites out there, too (you may not want to post there, your dice though) as well as the many info blurbs on attorneys' sites.  I cannot beat this drum enough, think psyops and dropping leaflets, canvas everything!

  LEARN the federal regulations which govern these issues.  Heck, most of the VA employees don't know it, neither do the VSO's, most are just collecting their check.  As utterly ridiculous as it is, they DON'T know!  The only way to truly ensure you get a fair shake out of all this is to HOLD THEM TO TASK!  You can't do that if you do not know the SOPs, the governing regulations, etc. Keep in mind, they really like "internal memos" (think, SQ SOPs).  The bottom line is that they have to follow regulations the same as us, even the same restrictions and requirements, etc.  What does that mean to you?  Well, it means you ALREADY KNOW the system!  Now, you just need to read the data and apply it.  (Ex: You are collaborating on your SQ SOP.  You have a Base Regulation, a Command Reg, a DEPT Reg and a DOD Reg.  You also have a Federal Reg.  This is already arranged in order of precedence, from bottom to top.)  Essentially, You must know, directly or indirectly, each of those regulations ABOVE in order to have a valid SQ SOP. So, why is this important?

  To simplify (not really, lol) a little more for anyone reading who is not familiar, YOU CAN ONLY MAKE A LOWER REGULATION MORE RESTRICTIVE, NOT LESS RESTRICTIVE.  Why is this important?  Well, if you know the 'parent regulations', they cannot use things like 'internal memo, blah, blah, blah" as a distractor and to throw you off balance (bc you don't have access to said memo to verify or contest). If they do, and it is contrary to the federal reg, well...they are wrong and you get your chance at the thumbscrews on them for a change.  The regulations which we are talking about are in place to govern the award and distribution of C&P, essentially.  It is NOT a reg to govern VETS!  This is very important because that means they cannot LEGALLY change anything thru further regulation which is directed at us, only on themselves. This is a little simplified (REALLY, lol), but the INTENT should come thru, just like the INTENT of the federal regulations governing the VA must come thru in any further regulations or memos for them to be valid.  Internal memos that "change the game" on us vets need to be vetted to ensure they are not twisting the parent regulations.  This is not happening on their end and it is hurting us on our end.  Become your own advocate!  Call them out!  If you run into issues like this bring it to their attention and then send a missive to your Congressman.  Enough "memos" to Congressmen and maybe...just maybe...those clowns on the hill will get so sick of deleting them that they will actually take action with the VA rather than using 'cleaning up the VA' as simply a talking point around elections for easy applause when they start losing the crowd.

   Don't hang all your hopes on me or anyone else here. Refer back to the first sentence. Use this as the place where you sharpen your spear, not where you buy it.  Everyone here WILL try and help, but it is up to the individual to verify that advice and take ownership of their claims process. Hope this helps and isn't taken the wrong way!

[chief5631]

This def does help and I didn't take it the wrong way at all.  Thanks for spending so much time on my one little problem!

[broncovet]

Chief...its not a "little problem" when Vets dont get their benies.  The VA always blows it out of proportion.  

As far as your VSO's go, well they are a problem.  Most people do just what you do...they  listen to the VSO, but when he says stuff that does not make sense, the post it for hadit members and we usually straighten em out.  Hadit has 2 of the very, very best Vet advocates in Alex (Asknod) and Berta.  We have even had Matthew Hill at Hill and Ponton answer a few questions, and, on the front page, another attorney, Chris Attig has great information.  You are not alone in figuring out the problem with VSO's.  Its an immediate conflict of interest, because VSO's get "free rent" from VA at VAMC's and RO's, so, essentially VSO's must cooperate with VA.  They do that "cooperation" in many ways, but most of that is not good for Veterans.  For example, the VSO's came out against Vets, recommending banning Vets from hiring an attorney.  If VSO's truly wanted to help Vets, why would they recommend a ban from professional representation?  It may be because some VSO's "think" they are as good as attorneys, that is, they have an over inflated ego.  If VSO's are better than attorney's then why does the va not fire its 500 lawyers on staff and replace them with VSO's?  

    The fact is these 500 attorneys who work for VA are waiting for a Vet to appeal.  They are then assigned the case and do everything in their power to keep the Vet from getting his benefits.  The US Supreme Court Justice, Roberts, was "shocked" to find that the VA takes a position (against the Vet) that is "substantially unjustified" 50 to 70 percent of the time.  This is evident in the award of EAJA fees which are only paid when the VA is "substantially unjustified".   The bottom line is the VA will fight you, hoping you quit or die, knowing their position is bogus.  

[chief5631]

I meant little compared to all the vets getting wronged...but you're right it seems like the VSO's are getting paid by the VA to stop our claims...I'll stay on this website forever now and learn as much as I can and keep going and will keep all updated...and maybe one day I'll be able to help with the knowledge I gained here.  Thanks to all!

[broncovet]

Chief, you posted:

"My VSO said today that he would let the appeal ride until they make a decision and we all know that could be between now and 2-3 years from now."

I cant think of an instance when this would be advantageous to the Vet.  "Letting an appeal ride" suggests NOT filing the NOD for 2-3 years.  You do realize that would mean that your appeal would be immediately denied, because the VA takes all Nod's filed over one year, and has a clerk who can not read, rubber stamp,

"Claim denied for not filing within a year".  

One of the worst things a VSO can do (apart from losing or shredding the Vets claim) would be to recommend not filing the appeal within a year.  

Alex and I both got "0" percent ratings and our VSO's both recommended "not filing an appeal" but be happy it was not denied.  Im still figuring out how much his advice cost me, but I know for sure it cost me years of fighting VA.