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Appeal Option


SpaceAce54

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My original claim for OSA was started in 2012, I finally received BVA Award on 8/2018 for 50%.

My original IMO, and DBQ (see attached) also listed several other items as secondary/aggravated by OSA.

I submitted a claim for these issues along with the original nexus letter and DBQ, all were denied. 

The Dr. is currently doing a letter for each item.

My question is do I resubmit it as an NOD with DRO review or request a hearing? Or are there other options?

Thank you in advance for any info you can provide. Denial was received prior to Feb 19, 2019

 

VA OSA Redone.docx

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My question is do I resubmit it as an NOD with DRO review or request a hearing? Or are there other options

Definitely NOD and submit any other evidence you have 

if you have not done so  you may want to request your updated C-File First thing.

I like the DRO Hearing myself over the DRO Review  simply because you can sit face to face with a DRO and present your evidence  as opposed to a review , what if they don't read all your evidence? and your denied once again...eh!!!

your other options would be to hire an attorney if your unsure with your  your evidence to support your claim.

Note: during your DRO Hearing you should take notes of what the DRO Mentions especially any CFR's he/she may mention  this will all be on a  transcript later but taking notes will certainly help you out  if needed.

The DRO Will or should ask you if you want a formal or informal hearing...

Use the informal Hearing .

at the beginning try to hit it off with the DRO and everything should go ok.

if you been to a DRO Hearing before then you know what to expect.

 

Edited by Buck52
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Getting a medical nexus statement from a qualified physician is the best supporting evidence for a VA disability claim.  It is also helpful for your physician providing the statement to thoroughly review your military service records (C-File), and indicate where there is medical evidence supporting your application for benefits.  

Service connection for a disability claim has three components:  1) Medical evidence of a disability (diagnosis); 2) Evidence of an in-service event that caused or aggravated the disabling condition; and 3) A physician's statement connecting the diagnosed disability to the event (nexus statement).  The nexus statement should clearly state that in the physician's opinion "it is at least as likely as not that [ the disabling condition ] was caused by the in-service event."

Clearly showing the 3 components for service connection should greatly increase the chances of VA claim approval.  Each disability claim is reviewed by a human--make it easy for them to find the relevant evidence in the claim paperwork submitted.

 

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