starting an appeal

[Organized_Chaos]

I recently received my initial denial of my sleep apnea claim.  I plan on appealing the decision but I need advise o how to proceed because i did all the work myself for my claim. (30% asthma, 10% hiatal hernia, GERD deferred, Hamstring strain deferred).  Should I hire a lawyer,  VSO, or just get an IMO?  Any referrals of lawyers?  I live in NYC.

Edited November 30, 2017 by Organized_Chaos

[Gastone]

At ease on the Lawyer, take some time to analyze your situation. Signing off on 20 to 30% of an eventual Retro Award should not be taken litly. That's not to say you shouldn't get a couple "Free Consults," just might give you some ideas.

For a better understanding of you situation, how about posting a Redacted copy of the SA C & P DBQ as well as the actual redacted Denial Letter.

You're looking at anywhere from 2 to 5+ years for an actual Appeal Decision depending upon the Appeal Route you choose. I'd give serious consideration to filing you NOD Immediately and requesting a DRO Hearing as opposed to a non face to face DRO Review.

What do you think you currently have in your possession that would be considered as the VA Mandatory New & Material Medical Evidence supporting your SA SC that the VA does not already have in it's possession?  Both DRO Review and DRO Hearing will be Administratively Denied for failure to provide the N & M Evidence prior to the Review or at the Hearing.

BVA Hearings take from 2+ to 4+ yrs depending on your choice of venue.

[Organized_Chaos]

This is the sleep apnea denial portion i received from the VA.   what i dont understand is how can they say that there is no service connection but yet on the next line they specifically say that there is a record of treatment in service for sleep apnea.  how does that make sense?  I never had any respiratory problems until I developed asthma in the service.

No, I dont have any additional medical evidence.  I thought what I submitted would be sufficient.  I include my sleep study results from the VA, which the VA diagnosed me with severe OSA, service records showing treatment and symptoms of OSA, sworn statements from family members attesting to no respiratory problems prior to my enlistment and I was even able to get in touch with my former roommate for 2 years in Germany and got a sworn statement from him stating the fact that I had no problems sleeping or snoring when we first became roommates but became a significant problem by the time I MED boarded from the Army because of my asthma.

Should I just pursue an IMO instead of a lawyer?

 

[Berta]

Did their evidence list include the evidence you had sent to them?

Is there any more to their denial rationale than that statement?

[Organized_Chaos]

This is all I received from the VA.  The didn't include any additional information.  I don't know which documents they looked at and which they dismissed.  How can I find out more information?  The rest of the document follows the same pattern.  Two other disabilities were granted (asthma 30%, hiatal hernia 10%) and 2 were deferred(GERD and Hamstring).  The document just states the issue and explination just like the picture above.

[jfrei]

With no statement of the case or list how they came with this decision?

[Organized_Chaos]

This is all I received.  The first two pages is just a history of past payments for dependents added to my claim. Where do I find a "statement of the case"?