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Sleep Apnea - Appeal or New Claim

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John Royal

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Greetings everyone! 

Seeking advice on how best to proceed with my Sleep Apnea Claim. I retired in 2011 after 21 1/2 years of Naval service and I am currently SC at 40%. I need advice on whether to appeal my Sleep Apnea Denial (VA letter dated 3/9/12) or to file a new claim, since the 1 year to appeal has come and gone. In July of 2012, I received Progress Notes (VISTA Electronic Medical Documentation) that stated a diagnosis of Sleep Apnea diagnosed while on Active Duty with a plan for Sleep Services Consult. I assume the Progress Notes that I have came from my SMR, which I located where it said I had Mild Obstructive Sleep Apnea and it is confirmed from the Sleep Study performed (referred by VA to Civilian Provider) on 1/7/2011. I just had another Sleep Study (referred by VA to Civilian Provider) in April of 2016 and the results are that I have Moderate Obstructive Sleep Apnea and need a CPAP (which the VA will issue - soon I hope, as I have been dealing the effects of OSA for years now). I used eBenefits to get myself to the 40% level and wanted advice on whether I should submit an Appeal or New Claim using eBenefits or via a DAV/American Legion etc. 

 

Very Respectfully,

John Royal "JR" (USN Chief Petty Officer, Retired)

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Thanks for the guidance Buck52!

I just got a call yesterday and will be getting my CPAP Machine issued on the 27th of this month.

Next step....get everything in order to file for SC. 

I know that I need to submit a VA Form 3288 for the C-File. Do you have any guidance/or knowledge as to whether a FOIA Request is needed to request the C-FiIe. I have read numerous posts that say it is required.

JR. 

 

 

 

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Greetings everyone,

In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued.

1 of 8  -  22 Apr 2011 - Copied from SMR

2 of 8 - 27 Apr 2011 - Copied from SMR

3 of 8 -  28 Oct 2011 - Copied from SMR

4 of 8  - 09 Mar 2012 - Copied from original disability claim (processed by BDD) 

5 of 8  - 24 Jul 2012 - Copied from VA Consult Requests/Progress Notes

6 of 8  - 12 Apr 2016 - Copied from first sleep study with private practice (through Veterans Choice)

7 of 8 - Copied from second sleep study with same practice listed above.

8 of 8 - CPAP Order from same practice listed above.

 

Edited by John Royal
Pasted items were missing when I saved post the 2nd time
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Greetings everyone,

In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued. I tried inserting the cut and pasted info (see previous post), but I am unable to and I have put it into a Word document. If someone know how I can paste the excerpts here, please let me know.

1 of 8  -  22 Apr 2011 - Copied from SMR

2 of 8 - 27 Apr 2011 - Copied from SMR

3 of 8 -  28 Oct 2011 - Copied from SMR

4 of 8  - 09 Mar 2012 - Copied from original disability claim (processed by BDD) 

5 of 8  - 24 Jul 2012 - Copied from VA Consult Requests/Progress Notes

6 of 8  - 12 Apr 2016 - Copied from first sleep study with private practice (through Veterans Choice)

7 of 8 - Copied from second sleep study with same practice listed above.

8 of 8 - CPAP Order from same practice listed above.

JR

 

John Royal OSA Exerpts.docx

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19 hours ago, John Royal said:

Greetings everyone,

In putting forth best effort in getting my OSA Service Connected and thought I would paste (in chronological order) small excerpts from what I have so far. I get my CPAP issued on the 27th of June and I want to be ready to submit as soon as I get the CPAP issued.

1 of 8  -  22 Apr 2011 - Copied from SMR

 

2 of 8 - 27 Apr 2011 - Copied from SMR

 

3 of 8 -  28 Oct 2011 - Copied from SMR

 

 

4 of 8  - 09 Mar 2012 - Copied from original disability claim (processed by BDD) 

 

5 of 8  - 24 Jul 2012 - Copied from VA Consult Requests/Progress Notes

 

 

6 of 8  - 12 Apr 2016 - Copied from first sleep study with private practice (through Veterans Choice)

 

7 of 8 - Copied from second sleep study with same practice listed above.

 

8 of 8 - CPAP Order from same practice listed above.

 

 

 

 

@Buck52 - Any suggestions on how to get the information to show when I paste (CTRL V)?

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  • HadIt.com Elder

John R

I'm not sure what you did here?

 you may want to copy & past the link from your browser  and not the text   to your post

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