DRO Claims

[dalexander]

Hello all,

Can anyone tell me how long DRO appeals claims are taking these days. I recently submitted a claim to have sleep apnea added to my rating. I had a sleep study in conjunction with my retirement physical that came back negative to sleep apnea, I was instead diagnosed with insomnia and hyper-periodic leg movement or something. I have since had another sleep study post retirement (within 1 year) which I was diagnosed with sleep apnea. I provided all the relevant documentation so I was thinking my case should be pretty air tight to have it added to my rating. I've seen online that changes in VA processing have been made to speed up claim review times. Is there any truth to this and does it pertain to DRO claims? Also do  processing times vary per regional office? My office is in Muskogee, Oklahoma. I look forward to reading your replies. Thank's 

[jamesriley1990]

have you considered a reconsideration of your claim? I did this with PTSD and I received a c&p exam... just a recommendation 

[Berta]

The medical terms in this recent BVA decision are what I would expect the VA to rate on-if you got a valid C & P examiner-

"As the VA and private examiners have attributed the Veteran's sleeplessness to his service-connected restless leg syndrome, the Board is satisfied that the criteria for entitlement to service connection for a sleep disorder, including insomnia, dyssomnia, and REM sleep behavior disorder, as due to service connected restless leg syndrome have been met and service connection is warranted. 38 U.S.C. 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.310 (2017)."

https://www.va.gov/vetapp18/files4/1825947.txt

I am glad you also claimed the sleep apnea.
The VA has tried to speed up the claims process, and in some cases I believe they have done that.

A widow here filed in Feb 2019 and just got an award of DIC for her children.

You might have been denied bcause of a faulty C & P exam, that was done by someone who had no expertise at all in Restless leg Syndrome, and  dyssomnia.
 

[Berta]

Sorry-I meant an ex wife got DIC for the deceased vteran's  husband's children.

The claims process has radically changed lately.

I have no idea how long anything will take these days.

You said:

". I had a sleep study in conjunction with my retirement physical that came back negative to sleep apnea, I was instead diagnosed with insomnia and hyper-periodic leg movement or something. I have since had another sleep study post retirement (within 1 year) which I was diagnosed with."

That is very good evidence of the Restless Leg Syndrome and insomnia- as well as the apnea, but the sleep apnea might need more info as to you inservice nexus-or it could be claimed as secondary to the other conditions....

Hard to know how the DRO will handle this-I am surprised they denied for the first 2 conditions.

Can you scan and attach their denial here , to include the rationale for denial and the evidence list?

Cover your C file # and name prior to scanning it.

 

 

Edited May 11, 2019 by Berta