rexlan Posted April 29, 2020 Author Share Posted April 29, 2020 I looked at claims and I see 3 methods and only one allows new evidence. I an not sure how to proceed and or if I need to complete the NOD of just ask for a supplemental decision review and then submit my new documents. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted April 29, 2020 HadIt.com Elder Share Posted April 29, 2020 5 hours ago, GBArmy said: Buck so your saying when he got s-c for PTSD is a key element relative to his weight gain. Hadn't considered that, but it make sense the VA would use that logic to deny. Good point! Well only when the rater reads more into it ,weight gain does relate to osa but only in a case where it would apply to the Veteran from taking medications...its to eazy for them to read back to see if the veteran was already obese and use that to deny the osa claim. its better that have a defence to use like PTSD Meds and gained weight after he was dx for PTSD and prescribe the meds causing his weight gain and a Dr to nexus the weight gain & osa to be related or the cause of his OSA.. FOR me as example I never was over weight while in the military nor did I have sleep disturbance or complain about not being able to sleep while in military..I think I might have snored but that was a long time ago. so after I was service connected for PTSD @70% &MDD, But only paid for the ptsd , but I started taking these medications from my MH Clinic and they knock me out cold Although I was already obese and after a year or so on these medications I would stop breathing in my sleep and jump wake up gasping for air or my spouse would wake up and catch me not breathing ect,,ect,, gasping for air..so I mention this to my VA MH Dr's and the very first thing they did was do a medication review and set me up with a VA Sleep study, I went to this private sleep study because the sleep study for veterans was like 6 months to get one with the VA and low and behold they diagnosed me with mild to moderate sleep apnea AND REQUIRED TO USE A C-pap machine medically necessary for my well being, if you have sleep apnea no matter how severe it is it's still a dangerous diseases to cope with you can die from it if you stop breathing long enough and your brain don't tell you to breath...I have not filed a claim for sleep apnea but may do so just to get it service connected in case that's what gets me. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted April 30, 2020 HadIt.com Elder Share Posted April 30, 2020 Buck If you're 100% P&T, or been rated 100% for 10 years, I guess it wouldn't matter much for your wife to pick up DIC. But if not in those categories, you really should look into it. And another reason is that with a CPAC, you could be rated at 50%, which could possibly help out for SMC's down the road (hopefully not needed.) And a last reason I can think of why you should file is it is another learning piece for you which could help share with some veterans down the road. I didn't even count that it is a chance to WIN against the big, bad VA-that's worth doing just cause it feels good! Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted April 30, 2020 HadIt.com Elder Share Posted April 30, 2020 GB I BEEN 90% TDIU P & T since Dec 20 2002, paid at the 100% ,But they have the award dates all screwed up and to fight them over it is not such a good Ideal, I was lead to believe these are just simple typo errors and if VA proves that they are typo errors then they get the benefit of the doubt not the Veteran. I have several rating sheets with different dates as well as award letters...who is to decide which of these are correct? the VA Thats who. its hard for an attorney to take this on since VA gets the benefit of the doubt on typo errors. .if I could prove they are not typo errors my EED would change back about 3 years and I would have my 20 year protection rule in. and possibly get a big hunk of retro... But since I have filed some more claims , I have some more service connected conditions that got me 2 SMC 's S &K Loss of use of a body organ. IF I get anymore service connected conditions like Sleep Apnea and some others that could possible be service connected it won't get me any more money as for as compensation goes but it will be piece of mind for me. for me to get more compensation I'd need to lose an arm or leg or of both or be completely bed ridden caused form a service connected condition....and if that ever happens I would not want to live like that personally so the $$$ would not mean anything to me. I do have other issues that in my opinion is caused by A.O. from my Nam days but these conditions are not on the A.O. List! but that's just my personal opinion I do believe every Veteran that has a old injury or disease that was caused by his military duty days he/she should file these claims pronto and get what they all so well deserve and that's these benefits. Life is to short not to. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted April 30, 2020 HadIt.com Elder Share Posted April 30, 2020 Buck52 said: I do believe every Veteran that has a old injury or disease that was caused by his military duty days he/she should file these claims pronto and get what they all so well deserve and that's these benefits. Life is to short not to. Couldn't agree more with that. I also have some things I believe are connected to A.O. and they aren't presumptive. Keep on plugging; maybe I can get a few secondary down the road. Link to comment Share on other sites More sharing options...
Fat Posted May 15, 2020 Share Posted May 15, 2020 My two cents. I am confused about the casual relationship between PTSD and SA. However I'm not a doctor and I have seen secondary service connection approved previously. I would ask the doctor to amend the NEXUS statement and give a medical explanation of PTSD and how it aggravates or causes SA. You have a service connected PTSD and a current diagnosis of SA. The medical explanation is all that needed. Get the medical narrative and go directly to the BVA. ........... Link to comment Share on other sites More sharing options...
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