remaned sleep apnea

[lp1067]

has the V A  started using  contractors to decided  remand sleep apnea  claims , got a call 

lady said they were a contractor V A   and was going to schedule me  with another doctor, 

my V A sleep doctor has already stated that it was more likely than not I had sleep apnea while in service.

 what can i except from this  evaluation?  thank you  for your input.

 

[Dustoff1970]

Like all of us humonids both VA and private doctors have their petty prejudices and jealously toward other persons and patients.   Many treating doctors and/or their staff are down right lazy and will not write you a favorable nexus letter and or DBQ unless you pay them extra significant money even though their own medical evidence shows you are properly diagnosed with their own diagnosis. 

I believe some of them do not want  commoners like me get "Free government disability" unless we are missing all fours. 

I have never had any luck getting VA or private doctors write a nexus letter or DBQ for me because I am not a member of one of their pet groups of patients.  However these same ass holes have been helpful to me in other ways so I stay with them for other medical services such as continued medications and referrals, etc.  Magnet Ass 1970.

Edited December 18, 2019 by Dustoff 11

[LightofSolitude]

2 hours ago, blahsaysme2u said:

how and why is this prohibited? and can it be fought?

To answer your first question: This would be a violation of CAVC Court Precedent Mariano v. Principi which you can read here:

https://www.uscourts.cavc.gov/documents/Mariano_01-467.pdf

To answer your second question: It is prohibited because the VA is supposed to be "non-adversarial" and the Benefit of the Doubt Doctrine should be applied when it is warranted.

To answer your third question: Yes, but that is entirely up to you. Perseverance is key. If you give up, the VA wins. If you continue fighting, you will eventually get what is due to you if you have a meritorious claim.

[john999]

Perseverance is the ultimate key to winning almost all VA claims.  That is the Gospel!  I have truly awful OSA which is not responding well to cpap and eveother surgical applications.  Some days I feel so bad I wish I was dead.  I still have hope, but I need a ton of encouragement to go through it over and over again with poor result.  I would like to be compensated if possible but mainly just good sleep.   I wake up feeling worse than when I went to bed.

[GBArmy]

lp1067 Go with the flow. You of course have to go to the C&P exam; otherwise you will be denied. If your VA doc has diagnosed that you have SA, down load it and bring a copy of it to your outside exam. Bring up the fact that you have been diagnosed and offer a copy to the examiner if he or she want to see the results. Don't force it on them; if they don't want it, it's ok. The fact is that many times records that the VA should have included for your claim do not get pushed to the contractors. Sometimes, the examiners are pleased to see someone else's data; make it easier for them. In any case, even if the data isn't favorable, you do have favorable, so a tie goes to the veteran. Be positive. Good luck.

[blahsaysme2u]

just a side question, i never got a C&P for my SA claim. they just denied it out right bc "not diagnosed in service". i hate that we arent garanteed an exam. they did have someone fill out a DBQ on it though.(i never saw this person)

[GBArmy]

It's the VA's game and their rules. They don't have to have a C&P if the evidence deems it is not necessary. That means for example that they think it isn't s-c, they don't have to go thru the time and expense because even if the exam proved you have a disability they aren't going to pay it because it's not s-c. But, if you submitted evidence that it was s-c, and it is plausable, then if I were you, I'd request a HLR anyway. I am assuming your data shows that you do in fact have SA.