Decision Notification Sent

[krooks]

Hello everyone,

I am a long time reader but first time poster. I have been working on my husband's claim and have a question.

The claim was moved to " decision notification sent" yesterday and from what I have been reading I know the timeline for the BBE is all across the board. Last night the disibilities we claimed all showed up under the disability section of ebenefits but they are listed as non-service connected with no rating and no effective date listed. They also do not have an effective date listed.

Does this mean he was denied or could it just be ebenefits has not updated? His benefits letters have not changed.

 

Thank you everyone for all your insight!

Edited November 24, 2018 by krooks

[vetquest]

As Broncovet stated read your decision letter carefully and decide then how to proceed.  Can you post a redacted copy here?

[krooks]

We are debating on hiring a lawyer or a VSO for this appeal. What are your opinions on this? 

[broncovet]

While Im a big fan of hiring PROFESSIONAL representation, there is a right time and wrong time to do it.  The best time to hire an attorney is just after a board denial.  

You can appeal a VARO decision yourself.   Use the "cookie cutter version":

1.  Order your cfile.  READ it.  See if you have all 3 caluza elements.  If you dont have every one, get any that are missing.  It could mean you have to get an IMO/IME.  

2.  Once you are confident you have documented the Caluza elements of a) current diagnosis, b) in service event or aggraavation, and c) nexus, you should be able to win, at the BVA level even with VSO rep.  

3.  I suggest opting into RAMP to speed it up.  Everyone goes into ramp as of Feb 2-19 anyway, so get ahead of the rush by opting in now.  

[Johhny_Drama]

On ‎11‎/‎29‎/‎2018 at 11:51 AM, krooks said:

Sleep apnea: not service connected (which we assumed would happen)

IBS: not diagnosed in VA medical file (it was listed as Colitis) 

IU: did not meet criteria- we needed one of the other two disabilities to be approved in order to reach the criteria for this

I just put in a claim for sleep apnea too. I took a sleep study and was rated at 97 per hour of stop breathing..

I took the results to my C&P exams to show the doc which was at a VA medical center. I also uploaded statements from past room mates, exwife, mother etc of when this started. i never even knew what sleep apnea was but i know ive had it since getting out as i get headaches all the time and I'm tired.. I explained this to the doc but who knows. If they deny, I will consult a lawyer as i am not sure if you can add this as a secondary to PTSD.

 

Did your husband do a sleep study and if so did you add this report to your claim? Did he ever get seen/ examined C&P exam etc for sleep apnea?

 

 

[krooks]

2 hours ago, Johhny_Drama said:

I just put in a claim for sleep apnea too. I took a sleep study and was rated at 97 per hour of stop breathing..

I took the results to my C&P exams to show the doc which was at a VA medical center. I also uploaded statements from past room mates, exwife, mother etc of when this started. i never even knew what sleep apnea was but i know ive had it since getting out as i get headaches all the time and I'm tired.. I explained this to the doc but who knows. If they deny, I will consult a lawyer as i am not sure if you can add this as a secondary to PTSD.

 

Did your husband do a sleep study and if so did you add this report to your claim? Did he ever get seen/ examined C&P exam etc for sleep apnea?

 

 

Yes, he had a sleep test done at the VA and his results were very similar to yours. Those results were included in the report as well as multiple symptoms listed that point towards sleep apnea. This was all also discussed in his sleep apnea test.  In his letter they agreed with the sleep apnea diagnosis but said that could it not be proven as service connected. We are working with a lawyer now. 

 

 

[Johhny_Drama]

On ‎11‎/‎30‎/‎2018 at 4:22 PM, krooks said:

Yes, he had a sleep test done at the VA and his results were very similar to yours. Those results were included in the report as well as multiple symptoms listed that point towards sleep apnea. This was all also discussed in his sleep apnea test.  In his letter they agreed with the sleep apnea diagnosis but said that could it not be proven as service connected. We are working with a lawyer now. 

 

 

I am not holding my breath on the sleep apnea either but i have heard that people have claimed sleep apnea as a secondary to their PTSD. I am going to work with lawyers too if they deny my sleep apnea. They cant deny that you don't have it if you take a sleep study and your study shows that you have it etc. There seems to be a few very popular lawyers online (cant recall the name) but I hope either way they work this out and you guys get what you deserve. I wish I knew more about sleep apnea while I was in. The ever changing sleep patterns due to weird shifts and travel etc has huge impacts on your sleep and you just write it off thinking you are tired etc. Then you find out from others that you gasp in your sleep and you have this apnea and its a huge headache proving but hopefully the lawyers will do a lot of the leg work after you supply buddy statements, test, past history etc. Wish you all well.