Can "buddy" statements actually hurt your claim?

[allansc2005]

Got a veteran who is filing for SC sleep apnea. He's already had his sleep study done, diagnosis is "Severe Obstructive Sleep Apnea"

Vet also has a VERY well written Nexus letter and DBQ from a prominent sleep study professional, which includes the famous "more likely than not" entry that connects his sleep apnea to active duty. The sleep study professional IS NOT a VA employee, and is a Ph.D., NOT an MD.

Considering the veteran has the Nexus letter and DBQ, are buddy letters really necessary since they actually had little contact with the veteran while they were in the same unit for a SHORT period of time?

Will the fact that the sleep study professional is NOT an MD also hurt the veteran's claim?

As a footnote, this is a veteran who's ENTIRE C file, including all sleeves, is only a few pages long, and doesn't shed light on ANY early indicators of sleep apnea, i.e., snoring, coughs, frequent colds....ZERO ZILCH.

Comments, opinions, questions..?

Thanks,

Allan

2-2-0 HUAH!

 

 

[allansc2005]

broncovet,

Yes, but it's my understanding that once you're considered "fit for duty", any and all medical conditions you have, be it sinus conditions, acne..etc., are the responsibility of the military, and finally VA to treat and accept as service connected.

Allan

2-2-0 HUAH!

 

[Carl the Engineer]

I did write a buddy letter for a Soldier that worked for me in my section while in Iraq.  I actually put him on night shift so he could sleep during the day when his tentmates were out on patrol.  If I hadn't changed his work hours, he probably would have been a casualty found with a sock stuffed down his throat.  He snored like he was cutting firewood for the winter, loud and all night.  His condition started when the temps got to be 110 degrees or more day and night.  It was tough to sleep.  I usually woke up in a puddle of water (sweat) in my cot.  Nice... Anyway, he got 50% service connected for sleep apnea.

You can have your buddies write letters, and then you can review them to see if your think they will benefit your claim.  If not, don't send them in.  Simple..

Hamslice

 

[allansc2005]

Hamslice, bronco, Berta...

Because of the complexity of Sleep Apnea claims, and considering the WELL documented Nexus letter, DBQ..the veteran obtained, we were advised not to submit any buddy letters with this claim.

Yesterday, I located an entrance exam for the veteran dated 1974 showing the veteran suffered from "mild sleep insomnia", and since there was no waiver required for the veteran to enlist because of the insomnia, then by law the condition is considered "service connected".

This looks like a rare sleep apnea case on the fringes of being won.

Thanks all for the input, comments, suggestions.

Allan

2-2-0 HUAH!

[Buck52]

I'd still try  we never know what the heck the VA will do until we get that old denial letter.  they may not find what you found  if denied then read the reasons and bases  he was denied.....at least try.

Edited January 9, 2018 by Buck52

[allansc2005]

Buck, it's too late. The rep already filed the case yesterday, and under the new 30 day program, we'll see how the dice fall next month.

Thanks for your input.

Allan

2-2-0 HUAH!

[Buck52]

 If this is a first time claim? for S.A.? & NOT YET FILED?

Then

Also if he has another S.C Disability...say PTSD , or any other S.C. Disability that would cause or be related to OSA. (with qualified Dr report to nexus the two) stating  ''is likely as not'' Related to 

he can file a secondary claim for the Sleep Apnea.