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Appeal direct service connection with secondary evidence
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MrStryker
My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection.
I read the sleep apnea field manual from Chris Attig and appealed the decision.
On appeal I stated the OSA should be secondary to PTSD and sinusitis. I obtained an IMO from Dr Anaise and a DBQ with the at least as likely as not and medically necessary (CPAP) statements from my psychiatrist.
My question is on appeal can you submit evidence to make it a secondary condition or does it need to be filed as secondary from the beginning?
I haven't received the RAMP appeal denial letter yet. Also is there a section in the 38 CFR regarding secondary conditions with an original direct service connection claim?
Edited by MrStrykerLink to comment
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MrStryker
My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection. I read the sleep apnea field manual from Chris Attig and appealed the decision. On app
acesup
I'm sure someone more familiar with the RAMP process will chime in, but assuming that you can submit evidence at all, (and I'm pretty sure you can, at this point) by all means you can and should addre
MrStryker
In determining whether a prior determination involves CUE, the Court has established a three-prong test. The three prongs are: (1) either the correct facts, as they were known at the time, were not be
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