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

[jfrei]

Was there an evidence cited page maybe the dates of your service records

[Organized_Chaos]

Negative, jfrie.  There was nothing else but the forms to appeal the decision.  I posted everything I received.  

When i submitted my claim, I included over 25 pieces of evidence to support my claims. ( service records, VA records, buddy/lay statements, Medical studies/articles, ect.

Edited November 30, 2017 by Organized_Chaos

[jfrei]

Not exactly sure but I’m guessing this is the SOC when it has the explanation and cites your records you turned in. If you haven’t scanned through your own records and look to see what they are looking for they do miss a lot of details you basically have to spoon feed them the exact pages not to be an xxxxxxx. I had to cite by page the 30 some pages of the records of my TBi before it was connected 6 years later and a cue claim. But read the explanation and find where the records are that they are looking for if there is none it maybe time to look at getting an IMO. Just my opinion...

[Gastone]

Could you elaborate regarding the "In service SA Treatment," Was an IN-Service overnight Sleep Study completed that resulted in an SA DX? Do you have a copy of your MSR that discusses the SA Treatment?

Has a VA SA Dr or a Private Board Certified SA MD/DO addressed the "More Likely than Not" etiology of your OSA?

What type of In-Service OSA Treatment did you receive, nose strips, chin strap or a breathing device?

You could File your NOD today, requesting a DRO Hearing, that will give you a year to compile the necessary Medical Evidence to support your Appeal. It would be a few years before your DRO Hearing and up to another 6 to 9 mos for the actual Decision Letter to Arrive.

Then again, I'd file an Official Request for CUE Review of the OSA Denial based on the "EOR" Evidence of Record" In-Service SA Treatment that was obviously missed by the Rater. Attach copies of this In-Service MSR to the Claim. If it actually was missed and not addressed by the original Rater, an immediate Award could take place in as little as 2 months.