CUE for Denied claim?

[blahsaysme2u]

I have been debating on posting my first entry into the forum for about a week now. I had previously just been scanning and reading everyone’s posts, but hadn’t created a profile. So here we go.

I joined the army in 2003(National Guard to be truthful) and did 1 tour in Iraq in 2007-2008 providing convoy security. Without going into too much detail,(not needed for this question-maybe ill post more later) my company did 3x wk. missions and were hit with IED just about every time we went out the wire. But again that doesn’t really apply to my question here.

In 2008, when I first returned home, I had my first experience with the VA and my dr sent me for a C&P exam. One of the claims I was seeking treatment for was sleep apnea that my PC thought I had.

Long story short, the claim was denied (actually all my claims were) due to lack of evidence. My medical files from the army had been lost and I was told there wasn’t much I could do. After my C&P though, my dr did send me for sleep study and I was officially diagnosed with sleep apnea and given a cpap machine. I have used it ever since (changed my life)

Fast forward to 2012, my medical records magically showed, the VA did a review of my previously denied claims and I was approved for a few. But my sleep apnea was denied again. I didn’t appeal and I forgot all about it until recently, since I have reopened some claims due to needing increases.

Soooooooooooo, I did reopen my claim for sleep apnea but now I realize I may have CUE because I was actually diagnosed while still in my contract (I didn’t get out until 2009 and was still in selective reserve until 2011)

Anyone have advice or pointers on this?

Thanks in advance
 

[JKWilliamsSr]

4 minutes ago, blahsaysme2u said:

well I see her 1x a year and she updates my records with my cpap report ect. so I think I am good with the current dx right? or should I have a new sleep study done?

I will have to say that your case is baffling to me.  You have sleep apnea in your SMR's and are being treated for it by the VA and that claim is still deferred. I can't make sense of it.

[blahsaysme2u]

sorry, I guess i didn't explain well.

I was denied in 2008. then in June of 2018, i reopened it along with some new claims with help from the VSO. it just recently was deferred but i have not received anything in the mail yet.

[broncovet]

Contact the white house about your deferred issues of PTSD, OSA, GERD, and hearing loss.  Oh, and NEVER EVER throw away a VA decision again.  

Throw your drivers license away..you can replace it. 

Throw your money away..you can earn more.  

Throw your wife away..she too, can be replaced.  

But never throw away letters from VA.  

[blahsaysme2u]

7 minutes ago, broncovet said:

Contact the white house about your deferred issues of PTSD, OSA, GERD, and hearing loss.  Oh, and NEVER EVER throw away a VA decision again.  

Throw your drivers license away..you can replace it. 

Throw your money away..you can earn more.  

Throw your wife away..she too, can be replaced.  

But never throw away letters from VA.  

A VERY GOOD LESSON. THANKS FOR THE ADVICE!!!

contact the white house? how and why? 

[broncovet]

There is a "white house hotline" because Trump promised to "fix VA even if he has to fix it himself.  Some Vets have had good results contacting them when nothing else works.  

Why?  Because its money in your pocket.  You deserve adjutications (that is, a written decision) of your claims.  Read 38 cfr 3.103:

In pertinent part:

Quote

 3.103 Procedural due process and appellate rights.

(a)Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to theclaim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3.

(b)The right to notice -

(1)General.Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.

(2)Advance notice and opportunity for hearing. Except as otherwise provided in paragraph (b)(3) of this section, no award of compensation, pension or dependency and indemnity compensation shall be terminated, reduced or otherwise adversely affected unless the beneficiary has been notified of such adverse action and has been provided a period of 60 days in which to submit evidence for the purpose of showing that the adverse action should not be taken.

 

[doc25]

3 hours ago, blahsaysme2u said:

well I see her 1x a year and she updates my records with my cpap report ect. so I think I am good with the current dx right? or should I have a new sleep study done?

Yes. You are good with the current diagnosis. Your sleep study should clearly confirm that you have Sleep Apnea.

No. You don't need a new sleep study, unless your doctor wants to confirm that a.) You no longer have Sleep Apnea. b) It has stayed the same c) It has worsened.

Let a dr. make that determination.