C&P examiner report results

[Wanderer]

Thought there was a forum for C&P but I can't find it.

The examiner for my sleep apnea claim did state this:
 

 

MEDICAL OPINION SUMMARY
    -----------------------
    RESTATEMENT OF REQUESTED OPINION: 

    a. Opinion from general remarks: Is the Vet's OSA at least as likely as not
    (50% or greater probability) proximately due to or the result of his SC
    asthma ?

    b. Indicate type of exam for which opinion has been requested: Sleep Ap

    TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE
    CONNECTION ]

    a. The condition claimed is at least as likely as not (50% or greater
    probability) proximately due to or the result of the Veteran's service
    connected condition.     

    c. Rationale: It is well known in medical literatures that OSA is associated
    with excessive daytime sleepiness (EDS) and it is linked to other pulmonary
    conditions such as asthma that causes nocturnal awakenings. The number one
    risk factor of developing OSA is obesity.

    Resource: 5 minute clinical consult.

With that established, what weight does this carry for approval? Is it a hands down winner for me?

[Vync]

It looks promising, but it is best to watch the mail for hopefully good news. With the VA, you never know. They have a good track record for screwing up.

Let's tackle this from the perspective of the Caluza elements:

1. Event/injury in service or SC disability

1 hour ago, Wanderer said:

    TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE
    CONNECTION ]

    a. The condition claimed is at least as likely as not (50% or greater
    probability) proximately due to or the result of the Veteran's service
    connected condition.  

2. Current diagnosis

Not indicated, but assume it was diagnosed otherwise the nexus would not make any sense.

3. Nexus connecting 1 and 2

1 hour ago, Wanderer said:

    a. The condition claimed is at least as likely as not (50% or greater
    probability) proximately due to or the result of the Veteran's service
    connected condition. 

1 hour ago, Wanderer said:

c. Rationale: It is well known in medical literatures that OSA is associated
    with excessive daytime sleepiness (EDS) and it is linked to other pulmonary
    conditions such as asthma that causes nocturnal awakenings. The number one
    risk factor of developing OSA is obesity.

 

[Buck52]

Did you catch the examiner Qualification Credentials??

You need a specialist in Sleep disturbance OSA  Like a MD Certified in Sleep Disorders....or a Specialist with Credentials CERTIFIED in OSA. /Sleep Apnea

if this was a PA    I have my doubts about it...they really look CLOSE  under ever FFIN Rock when we claim Sleep Apnea.

What helps you is the rational & what this examiner mention about your condition.  helps with S.C. 

 a. ''The condition claimed is at least as likely as not (50% or greater
    probability) proximately due to or the result of the Veteran's service
    connected condition.''

jUST HAVE TO WAIT IT OUT AND LET US KNOW WHAT YOUR DECISION IS.

Thanks   and Good Luck with it.

[Wanderer]

Thanks, Buck and Vync, speaking of checking the mail, I got an official letter from them asking for records and such, but couldn't tell if it was for my sleep apnea claim or IU for bipolar they recently granted. Idiots don't say in the letter.

I had just found out before seeing the C & P examiner that a set of health records the VA had been asking for half a year were wrongly dated by them, so they have had no medical evidence of my sleep apnea diagnosis made 2 years ago by the VA. I mentioned this to the examiner and he brought them up on his workstation and used it. Does this mean I do NOT have to do an ROI for those 2 years they asked for and which he found?

 

I attached pics of the docs I have questions about.

Do you think it's about my sleep apnea claim? It did come about 2-3 weeks after the C & P. Or could it be for my Indiv Unemp which is also recent?

 

My big question is, should I pull the 5103 trigger now (30 day decision)? 

 

[Buck52]

I've never seen a record of evidence corrected this way  or a ADDENDUM.

Personally I am not sure they will use this correction?  I mean it don't have a Dr Signature/Creditinals  date of this change   ect,,,ect,, and besides this is an unofficial way to correct a record  anyone could write that on on this piece of paper .

Did you send this in   or who wrote that?

[Wanderer]

1 minute ago, Buck52 said:

Did you send this in   or who wrote that?

 

I should have clarified, the handwritten parts are notes to myself to answer their requests. They can be ignored. 

I posted it to see if it can be determined if this letter is addressing my request for sleep apnea or my request for Individual Unemployability. I cannot tell. 

[Buck52]

oh okay

fill out the 21-4142a so they can try to get your medical records if you have any more evidence send that to them  it never hurts to get to much evidence.