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.

 

[blahsaysme2u]

i actually filed a CUE. you might have seen my posts on it already. 

thanks for the info though.ill keep that in mind for some other things i am fightin on

[GBArmy]

blah You know you can submit both at the same time, right? In fact, it can be a useful strategy. They see you have a CUE working at the same time and could reconsider favorably for you. In some instances, providing remedy for your claim can make the advancing of the CUE case mute if the VA satisfies All your issues.

[blahsaysme2u]

never thought of that

ill look into it thanks

[broncovet]

lightofsolitude gave a great answer as to why developing to deny is prohibited.  While it happens frequently anyway, Veterans need to know that the VA ordering more C and p exams, where there is already sufficient evidence of nexus, diagnosis, and in service event, as well as symptoms documented, is developing to deny.  

The VA can not go "doctor shopping" in order to find a doctor who provides evidence to deny.  There are many differing medical opinions on the same patient, and sending the Veteran to exam after exam searching for a doctor to opine unfavorably (for the Veteran) is "developing to deny".  

Now, often the exam is "inadequate".  An exam can be inadequate for a variety of reasons such as there was no etiology given, the examiner was unqualified to give his professional opinion, or even the examiner provided a nexus to service, when no in service event is present.    The VA normally does not accept an inadequate exam, and the remedy is to order another exam to correct the inadequacy of the first exam.  

For example, let's say your examiner opined a favorable nexus, but did not give a medical rationale as to why your OSA is related to PTSD.  It would be relatively easy for him to do so, citing medical journals which have found a link between PTSD and OSA.  However, NOT ALL PTSD Vets have OSA, so every PTSD Veteran is not "automatically" entitled to OSA secondary to his PTSD.  There is a difference between THE VETERAN Seeking benefits, than those people who participated in a sleep study to link OSA to PTSD.  The VA needs evidence YOUR PTSD is linked to YOUR OSA, not "just" 51 percent of the people in the medical study.  If car accidents were caused by people driving red cars 51% of the time, this does not mean you driving a red car means the accident is your fault.   But, if a police officer on the scene wrote in his report that you were unable to stop for the car ahead of you due to excessive speed, which he documented by the skid marks on your car, well that wont matter what color car you were driving.  

You are not declared guilty because you drove a red car where red cars were at fault according to a study 51 percent of the time.  You are guilty because the police officer provided evidence that you were traveling in excess of the speed limit, which likely caused the accident.  

[lp1067]

I just asked  if he  believed  I could  have had sleep apnea while i was on active duty . and he wrote the letter, stating he  though so .

deviate septum .

[awgv001]

On 12/18/2019 at 7:32 AM, broncovet said:

lightofsolitude gave a great answer as to why developing to deny is prohibited.  While it happens frequently anyway, Veterans need to know that the VA ordering more C and p exams, where there is already sufficient evidence of nexus, diagnosis, and in service event, as well as symptoms documented, is developing to deny. 

@broncovet if you remember some of my other posts, you would find that this scenario is exactly what I'm currently dealing with.

What are the best ways to combat this?

I'm already in appeals up to the BVA level now.

I have a referral for a new neuro, I'm wondering how much I can/should get done with these appointments, if permitted (like the standard workup, but also perhaps an IMO, or a DBQ?)

idk if VA permits them for these things, or if that I have to pay out of pocket for the "extra work" if they will even approach these at all. Perhaps @Richard1954 knows more on this subject?

Current arsenal is 2 statements (aside from my own), 2 Nexus statements (they tossed the first one in favor of a doctor who didn't provide TBI diagnosis, the 2nd one elaborates quite well), and chronic illness.

What more can I do? They seem to be developing to deny and shutting me down on all fronts!!!