Sleep Apnea

[blahsaysme2u]

i havent posted in a while. i was denied my claim for sleep apnea and got help from the state VSO because i couldnt get the vfw or DAV to return my phone calls. 

i in the army national guard. i was in 03-09 and was deployed to Iraq in 07-08. upon return i immediately went to the va and filed for benefits for health care. i was injured in iraq and filed claims for those. i also was having problems sleeping and the VA gave me a sleep study(4 months after discharge from active duty) and was diagnosed with sleep apnea. i filed a claim and it was denied. 

years have gone by since then and i was trying to get a claim for my sleep apnea once more. last year i submitted a claim(thinking the claim i submitted in 2008 cant be appeal etc.) i was denied a couple months ago again saying that my diagnosis was not "in service". now while i understand i was not active duty at the time of diagnosis, it was only 4 months after. also, where in Iraq would i have been able to get a sleep study done? 

i have been trying and trying to get help with this claim and doing research on my own. i was not getting anywhere. soooooo i went to the VSO. he immediately says "this is a CUE". he says that since the diagnosis was less than a year from discharge from active duty, i should have been granted service connection. so i am confused on this because its not listed by the VA as a presumed disease. is this CUE going to fail? if not, i was also denied service connection for my allergies that i was diagnosed with around the same time. should i file a CUE for that as well? 

 

[blahsaysme2u]

@Willy P, @vetquest, @Buck52, @Berta, @broncovet and @Vync

here is what my VSO and the state lawyers came up with. this took them 2 weeks to type up? i feel like i could have came up with this. does this sound like good arguments for a trial before a judge? should there be more? i feel very disappointed when i got his email today. i was really looking for this to be mind blowing argument! 

should i get a lawyer? should i try this and see what happens? if i loose, what options are left?

thanks for everyone's  help!!!!

2020-02-11_10-53-13.pdf

Edited February 11, 2020 by blahsaysme2u

[Vync]

Hmm... I checked 38 CFR 3.307 and 3.309, but I didn't see sleep apnea listed. But I have not had much exposure helping with presumptive claims.

Is this a CUE or an active appeal?

[blahsaysme2u]

this is a denied CUE and now and appeal to a judge. 

[vetquest]

It appears to cover all of the bases.  Being that you did apply within the one year time frame it should be presumed as your VSO's lawyer states.  I cannot say that I would be uncomfortable going with this to the BVA as it hits all of the points needed.  The question I have, is the lawyer going to follow your case at the BVA?  If not, then I would most assuredly contact a lawyer and see what they might do for you.  The greatest advantage of having a lawyer is that they take time to intercede for you.  If this lawyer is not going to personally handle your case or handle your case and a thousand others I would feel more comfortable with my own lawyer, especially if you are so close to 100& scheduler.  You lose 20% of your award but this is a milestone for you.

[blahsaysme2u]

@vetquest they are going with me to the trial and will be working with me every step(so they said). i am glad you are confident in the argument. gives me faith. 

if i do lose this, do i have any options? are there appeals or reviews after a judge?

what do you mean 20%....thanks for chiming in- love your advice my friend

Edited February 12, 2020 by blahsaysme2u

[blahsaysme2u]

 

1 hour ago, Vync said:

I checked 38 CFR 3.307 and 3.309, but I didn't see sleep apnea listed. But I have not had much exposure helping with presumptive claims.

 

i also didnt see it listed. i dunno what that means either.