Claim in one stage but disabilities show on ebennie

[Steve34]

So I have had a rating for a few years, Shortly after I got that decision I was diagnosed with migraines and sleep apnea. These were diagnosed after (a few years) I left the Army but I have complained about them to the VA for a while. The NYC Va took forever to give me a sleep study and instead just kept telling me to try different things....right after the sleep study they promptly gave me a CPAP and apologized.

Currently I’m rated for PTSD, Tinnitus, hearing loss (0%), degenerative disc problems, rediculopathy for both legs due to the back. 

I filed for the sleep apnea and migraines in November 2017 and reopened TBI at the same time. I have been seen by psych for PTSD weekly at the VA for years now and my psychologist said that the sleep apnea should be secondary to my ptsd, the TBI i sent in numerous buddy statements for, 4 of us in a hummv that rolled over an IED and I was denied TBI and they all were approved. Long story short I have already been for the comp and penn for migraines and apnea, going for TBI next week

Just curious because my claim is still in “gathering of evidence” with the last comp and penn next week. Yet migraines and sleep apnea are showing on ebenefits as not service connected as of a few months ago. Is it natural for things to show there until the VA makes the decision or is it pretty much an early reveal that they are denying those claims

Thanks for any guidance guys

[broncovet]

I dont think its an "early reveal" they denied them, I think they denied them and you did not get notice because:

1.  They never sent you the notice.  

2.  The sent the notice to an old address or you did not change your address.  Of course, you need to order a copy of your cfile to see what is going on.  Unfortunately, VA loves to drag their feet on this.  

     My advice is to first consult with your representative, and see if he has a decision in the applicable period on file.  If so, read it and take appropriate action, probably to file a nod on the decision disputing denial of SC for sleep apnea etc.  

    The quicker you can get to the bottom of this, the better off you are.  Of course, you may have gotten a decision, but (its possible), you did not read it.  I dont always read every piece of mail I get.  VA letters tend to be "long winded" and often dont say much.  

     You  should be safe to re apply, and when you do so, note that you first applied on dd mm yy (date).  You need to force a decision if you can.  Its rotten when VA does this, they have done it to me.  It creates a headache for you.  

[Steve34]

I don’t think any decision has been made yet. I still have my last comp and pen coming this Friday at the VA for TBI. They denied me originally for TBI and never even did an exam. I was in a HUMV that rolled over an IED, 4 of us in the up are our, all out of the military, they were all awarded TBI and I was denied. They have all written buddy statements which I submitted with my claim. 

The hard part is my rep was the VFW but at the Brooklyn VA they all retired and are gone. I called the VFW and apparently they are having a problem getting people to staff it and it looks like the VFW will be vacant at the Ft Hamilton VA (Brooklyn, NY) for the foreseeable future. I’m going to see my psych for our weekly meeting friday and he I will talk to him about getting a written statement saying my PTSD can have a direct corellation to the sleep apnea. 

I just wasn’t sure if the stuff would be there until it gets an actual rating or official denial. They haven’t sent me anything because obviously the whole case is still in the works and wont have any decision until after the TBI comp and pen exam and the evaluation submitted to the VA for them to either give a rating or deny.

 

Thanks guys

[broncovet]

Like the rest of us, you will have to wait on the envelope. Dont rely on what ebenefits says, and you will do just fine.  Several Vets advocates recommend not checking ebenefits, because it raises more questions than answers, as you pointed out.  

 You posted earlier that you had completed your last c and p exam, and I did not know you had another TBI c and p coming up until your last post.  

[pwrslm]

In the section  where they show SC disabilities, they will also show pending disabilities below that. It should show NSC down there if they have not made a decision.

[Steve34]

That’s what i assumed. They would just show NSC until an official decision was made.

Sorry I wasn’t more clear. My last comp and penn is for TBI tomorrow. After that its just the waiting game. I’m sure it will go in my favor. I sent in a bunch of notarized buddy statements for the TBI confirming what happened and how I was afterwards with the concussion. As well as statements from my psych with his professional opinions. 

 

Thanks for the guidance brothers

Steve