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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
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      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

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      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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rsmith850

Claim denied.

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5 answers to this question

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  • 1

tsmith850 in order for us to help, we need to see what the decision letter and the examiner said. Can you redact/block out your personal info (name, ssn, etc.) and attach to a new post so we can take a look?

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Decision letter would have been mailed to you.

VA.gov will have your C&P results, if given at VA medical facility. 

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Yes is does happen. As the others said please redact and post your award letter and decision.

The BBE will contain two different document sets.

The first is a letter one maybe two pages long.

The second set is the actual decision.

The second will contain a bunch of forms. You don't have to post those blank forms, just write down their numbers and included them in that post. They should match what is in the letter and the decision document set. Please redact both document sets minus the forms.

Just for process information for you

The C&P Dr is not the individual that has the power to decide if you are Service Connected. They only offer a medical opinion if it is 50% or more likely that your injury happened in service.

The rater can take that opinion and in conjunction with your c-file evidence decide to award Service Connection. Theoretically this is based on the reality that an MD would not evaluate the patient in the same way a professional paper-pusher (the rater) would.

The law gives the rater the sole (RO level) authority to make that decision and the process is then reviewed by higher ups.

 

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This claim was granted -see the "as likely as not "post today ...rsmith,it helps to stay in the same topic you started so they we do not give an answer that fails to consider the outcome.......

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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