Hi all, been a while since I've posed a question to the forum. October 2015, my BVA appeal was remanded to Regional Office with wording that states BVA judge agrees, I do have sleep apnea, service records indicated SA along with several other ailments and SA was diagnosed while on active duty. During my initial CP exam, Dr. refused to indicate SA, and I have been appealing since 2009. I haven't received the yellow envelope yet, but just tonight ebenefits shows claim is complete, but there is no rating or indication that SA was awarded, still states not service connected for Obstructive SA.
My question is does the RO have authority to ignore or nullify what the BVA Judge awarded? Will be anxiously awaiting the yellow envelope. Been a 7 year fight with VBA and still no resolution on SA, at least from the looks of what's in ebenefits.
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pepperD
Hi all, been a while since I've posed a question to the forum. October 2015, my BVA appeal was remanded to Regional Office with wording that states BVA judge agrees, I do have sleep apnea, service records indicated SA along with several other ailments and SA was diagnosed while on active duty. During my initial CP exam, Dr. refused to indicate SA, and I have been appealing since 2009. I haven't received the yellow envelope yet, but just tonight ebenefits shows claim is complete, but there is no rating or indication that SA was awarded, still states not service connected for Obstructive SA.
My question is does the RO have authority to ignore or nullify what the BVA Judge awarded? Will be anxiously awaiting the yellow envelope. Been a 7 year fight with VBA and still no resolution on SA, at least from the looks of what's in ebenefits.
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