Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
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. 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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

Share this post


Link to post
Share on other sites

Ad

  • 0

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.  

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines