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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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jamesriley1990

Reconsideration of Decision

Question

I filed a claim for sleep apnea and PTSD. Originally with my claim, I only had buddy statements for both conditions with the addition of a diagnosis from a doctor for my Sleep Apnea. My claim went to a decision of denied Sleep Apnea due to no complaints in service and PTSD being denied due to lack of diagnosis in my medical records. During the claim period, I was able to obtain a letter from my Psychologist diagnosing me with PTSD and 2 additional eye witness buddy statements. My VSO said we will file a reconsideration instead of an appeal. Has anyone done a reconsideration? All the research I have done states that the VA will reset my effective date, and to not do a reconsideration. My VSO says he's been "swamped" with work to locate all my necessary files to give the VA specific areas in my evidence for them to focus on. 

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Check this link out from Hill&  Ponton Attorney's

Then you decide!!!

https://www.hillandponton.com/never-file-request-reconsideration/

However if you were DX for PTSD then ask your  VA MH Dr what medications could possible cause or be related to OSA/Sleep Apnea?

(do not mention claim)  just ask the  VA MH Dr because your spouse notice you snore while sleeping and some times stop breathing.MH Dr  he.she should set you up with the VA Sleep Clinic. if they diagnose you with Sleep Apnea...there's your Dx and they will more likely prescribe you a C-PAP Machine to use. take it home and use it keep it clean use only distill water.

You can get these medical Records./Notes later on Myhealthvet attach them to your claim app  as evidence.

Claim OSA/Sleep Apnea secondary to PTSD/Medications

You will need a sleep study and a Diagnosis for OSA/Sleep Apnea

For the S.A. Claim this maybe the only way to file....file it secondary to your new prescribe PTSD Meds,

Once Service Connected for OSA/Sleep Apnea  it becomes part of the original disability  in this case PTSD.

 

Edited by Buck52

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I agree with Buck.  Reconsideration is a bad idea.  The average legacy appeal takes 5 years.  Reconsideration wont magically shorten that.  Instead, a Vet forgets to file a NOD, erroneously thinking the reconsideration will resolve the appeal.  Then, by the time you find out your reconsideration is denied,  (or ignored..VA loves to lose stuff like this..you normally get an acknowledgement letter on your appeal, or can at least see that VA got your nod on ebenefits, as your appeal will be pending.)

One way, however, is to file the reconsideration BUT MAKE SURE YOU ALSO FILE A TIMELY NOD, within a year.  This covers "the possibility" that the reconsideration actually works (even tho this is unlikely)

One other alternative to the recon or nod, is to reopen your claim (within a year) due to new and material evidence with 38 cfr 3.156 b or 38 cfr 3.156 c.  Of course, this only works if you have new and material (relevant) evidence.  

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Thank you both (Broncovet, Buck52) I have already been diagnosed with Sleep Apnea and prescribed a CPAP machine; my psychologist (private non VA) has not referred me to a psychiatrist for the medication he only recommends therapy as needed. And Buck52, I submitted new material evidence for the reconsideration to include the diagnosis from my psychologist and new buddy statements for proof of in-service trauma.

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Due to one of my  past suggestions to the VA, they have changed the NOD timeframe under Reconsideration.(2018)

It is explained here:

https://community.hadit.com/topic/73392-file-a-nod-nor-or-wait-for-pending-meb/?page=3#comment-456954

Since it appears you have filed for the Reconsideration already, and if it was for both of your disabilities,you will need new and material evidence for both of them.

," I submitted new material evidence for the reconsideration to include the diagnosis from my psychologist and new buddy statements for proof of in-service trauma."

That might be enough for the PTSD claim.

Can you tell us why they denied for the sleep apnea?

This might be possible as Buck said :

"For the S.A. Claim this maybe the only way to file....file it secondary to your new prescribe PTSD Meds,"

but that will take a strong medical nexus from a doctor.

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quote from jamesriley1990

" I submitted new material evidence for the reconsideration to include the diagnosis from my psychologist and new buddy statements for proof of in-service trauma."

Ms berta mention

''That might be enough for the PTSD claim.''

I hope this new and material evidence you submitted as what Ms Berta just stated above?

''but that will take a strong medical nexus from a doctor.

being you have no medical records frme military service or any notes about OSA/Sleep Apnea...they will sure turn up every stone to deny the S.A Claim....

SO the best way to file for OSA/Sleep Apnea Is secondary to your PTSD, You will need a qualified Dr to opine his professional  opinion that the medications you take for PTSD  (names the meds) is likely as not related to your Sleep Apnea  and mention you are required a C-pap machine as medically necessary  he needs to examine you and read your  pertain medical records to this issue.  he needs to let them know he has examine you and read your medical rerecords and give his Credentials and expertise,,,,> and specialist works well for this.

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