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      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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bigoc

new ebenifits mystery

Question

I understand the feeling about ebenifits and to not trust what it says.  This is a new issue I think bizarrely effected my claim.

1.  4/19/2019 I filed for an increase in current SC conditions.

2.  8/3/2019 I go to a C&P for this claim.  I had to go back again 3 weeks later if forget the exact date because something was not done correctly at the first C&P.

3.  10/10/2019  I filled out an intent to file on ebenifits.  I did not do anything with the application other than start the app with no other information filled out.  It showed up in ebenifits.

4.  10/15/2019 my claim from 4/19/2019 shows as complete and pending notification which was updated on 10/17/2019 as notification sent.

Here is where it gets weird and confusing.

I checked ebenifits yesterday to complete my intent to file application.  It somehow is not listed as a new claim but combined with the 4/19/2019 claim that was completed and notification sent which I confirmed with a few calls over the past few days to the VA.  I have not received the letter yet but they keep telling me over the phone that the letter was sent.  

I'm trying to figure out how after the 4/19/2019 claim supposedly closed the new intent to file claim now has the start date of 4/19/2019?

I tried asking this question over the phone and the VA seems as confused as if they are only looking at the same thing I am on my ebenifits.  The fact that today I am hitting the 10 business days from notification sent and my letter still has not arrived tells me something strange happened.  I'll wait till todays mail but suspect it was never sent.  I understand why people are so hesitant about doing anything while they have a pending claim.  I understood an intent to file as not having any effect on current claims.  I think this incident has broken that barrier.  Its not supposed to but it seems like something happened to combine the start dates of the 2 claims.

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So the VA tries this crap all the time.  And it may not be their fault, but they try to combine claims and it is likely someone was looking at yours and just combined it by accident.  I would keep shaking the VA until they send it back so you can get your EEF date

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I would actually be ok with them combining these claims.  The reason being is that it seems they went back to the earlier date.  I just can not believe they did this as it seems it would have taken a human to take some extra steps and I did not ask them to do this.  I always thought the VA is just a bunch of drones going through a process.  Kind of like the answers I have been getting when I call.  They just keep telling me a decision has been made and a letter has been sent yet it has not arrived.

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Just a thought: have you considered calling the White House Hotline and/or your VSO?

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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
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