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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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David Anaise MD for OSA secondary to PTSD


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After Denials for OSA both direct and secondary to PTSD, this spring I decided to spend the money on a IMO and do the claim right.  I contacted Dr. Anaise and was told to send all my records, decision letters and $1500.  

After about a week I was emailed with a final IMO report that was around 40-50 pages.  It was excellent & well researched. Within 6 weeks of submitting the IMO with a supplemental claim OSA secondary to PTSD was approved.

Yes IMO's dont guarantee anything and they can be expensive but they are definitely worth it when you have been denied already and have nothing else to submit and someone like Dr. Anaise will always outweight the NP the VA usually has doing exams.

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After Denials for OSA both direct and secondary to PTSD, this spring I decided to spend the money on a IMO and do the claim right.  I contacted Dr. Anaise and was told to send all my records, decision

David Anaise MD is legit! I won my sleep apnea claim secondary to MDD using his IMO!

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Thanks for the feedback on the quality of his service.

Based on this, I may hire him in the future if necessary.

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If you have OSA./SLEEP APNEA 63 CHARLIE ? and want to get it service connected & rating FILE A CLAIM SECONDARY TO YOUR PTSD

IF YOU HAVE S.C. AND A RATING FOR PTSD.?.

CHECK WITH YOUR MH Dr;s ask them if your PTSD AND THE MEDICATIONS YOU TAKE WILL CAUSE OR CAN BE RELATED TO OSA? SLEEP APNEA?

IF THEY TELL YOU YES THEY CAN THEN REPORT YOUR OSA/SLEEP APNEA TO THEM RIGHT THEN , LET THEM KNOW YOUR SPOUSE HAS MENTION TO YOU ABOUT YOUR OSA  THAT SHE WAKES UP IN MIDDLE OF THE NIGHT AND YOUR EITHER SNORING OR BREATHING WEIRD AND AT TIMES SHE NOTICE YOU GASP FOR AIR....THESE MH Dr's SHOULD SET YOU UP A SLEEP STUDY TO Do  ASAP. (IF SHE DOES?_

DON'T MENTION A CLAIM  JUST SIMPLY ASK THEM THIS QUESTION   THEY SHOULD BE ABLE TO AT LEAST GIVE YOU THEIR MEDICAL OPINION ON THIS.

IF YOUR DIAGNOSE FOR SLEEP APNEA   BY THE VA  THEY SHOULD PRESCRIBE YOU A C-PAP MACHINE  MEDICALLY  NECESSARY FOR YOU TO USE EACH NIGHT   THIS IS A 50% RATING  DEPENDING ON HOW SEVERE YOUR OSA IS ?    IT CAN BE RATED AS HIGH AS 100%

OSA IS A DANGEROUS EVEN AT A MILD DIAGNOSES. 

IF THEY DO THIS  CHECK YOUR MYHEALTHEVET NOTES  AFTER 3 DAYS MAKE FAVORABLE COPIES OF WHAT THE MH Dr MENTION TO YOU ABOUT YOUR QUESTION.  SUBMIT THEM AS PART OF YOUR EVIDENCE.

THIS WILL SAVE YOU FROM HAVING TO GET THE EXPENSIVE IMO.

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I was able to get OSA secondary to my service connected chronic sinusitis and allergic rhinitis by simply asking my VA if primary care doctor if my OSA was caused by allergies and sinusitis. He said yes and he made a note in my records that my OSA was more than likely caused my allergies and sinusitis. He was the one who ordered my sleep study as well. 

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19 hours ago, Buck52 said:

If you have OSA./SLEEP APNEA 63 CHARLIE ? and want to get it service connected & rating FILE A CLAIM SECONDARY TO YOUR PTSD

IF YOU HAVE S.C. AND A RATING FOR PTSD.?.

CHECK WITH YOUR MH Dr;s ask them if your PTSD AND THE MEDICATIONS YOU TAKE WILL CAUSE OR CAN BE RELATED TO OSA? SLEEP APNEA?

IF THEY TELL YOU YES THEY CAN THEN REPORT YOUR OSA/SLEEP APNEA TO THEM RIGHT THEN , LET THEM KNOW YOUR SPOUSE HAS MENTION TO YOU ABOUT YOUR OSA  THAT SHE WAKES UP IN MIDDLE OF THE NIGHT AND YOUR EITHER SNORING OR BREATHING WEIRD AND AT TIMES SHE NOTICE YOU GASP FOR AIR....THESE MH Dr's SHOULD SET YOU UP A SLEEP STUDY TO Do  ASAP. (IF SHE DOES?_

DON'T MENTION A CLAIM  JUST SIMPLY ASK THEM THIS QUESTION   THEY SHOULD BE ABLE TO AT LEAST GIVE YOU THEIR MEDICAL OPINION ON THIS.

IF YOUR DIAGNOSE FOR SLEEP APNEA   BY THE VA  THEY SHOULD PRESCRIBE YOU A C-PAP MACHINE  MEDICALLY  NECESSARY FOR YOU TO USE EACH NIGHT   THIS IS A 50% RATING  DEPENDING ON HOW SEVERE YOUR OSA IS ?    IT CAN BE RATED AS HIGH AS 100%

OSA IS A DANGEROUS EVEN AT A MILD DIAGNOSES. 

IF THEY DO THIS  CHECK YOUR MYHEALTHEVET NOTES  AFTER 3 DAYS MAKE FAVORABLE COPIES OF WHAT THE MH Dr MENTION TO YOU ABOUT YOUR QUESTION.  SUBMIT THEM AS PART OF YOUR EVIDENCE.

THIS WILL SAVE YOU FROM HAVING TO GET THE EXPENSIVE IMO.

I had a OSA diagnosis in 2015 from the VA and two VA sleep studies and was ordered a CPAP.  My claim with all this evidence AND a OSA diagnosis did not get me a OSA Service Connection.The VA didnt dispute that i had PTSD or OSA, they acknowledged it but they did not consider them connected or that it was direct service connection.  I had multiple buddy statements that i would snore loudly and stop  breathing while in service but was still denied.  It was eventually granted with the IMO because the connection via Medical opinion by Dr. Anaise that PTSD is comorbid with OSA and that my nightmares caused me to rip the mask off at night which aggravates my symptoms.  I know i am Direct SC but I was willing to take an aggravation as a connection.  I agree that maybe you should try to direct SC and then IMO in the appeal but everyones situation is different.

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5 minutes ago, USMC_VET said:

I had a OSA diagnosis in 2015 from the VA and two VA sleep studies and was ordered a CPAP.  My claim with all this evidence AND a OSA diagnosis did not get me a OSA Service Connection.The VA didnt dispute that i had PTSD or OSA, they acknowledged it but they did not consider them connected or that it was direct service connection.  I had multiple buddy statements that i would snore loudly and stop  breathing while in service but was still denied.  It was eventually granted with the IMO because the connection via Medical opinion by Dr. Anaise that PTSD is comorbid with OSA and that my nightmares caused me to rip the mask off at night which aggravates my symptoms.  I know i am Direct SC but I was willing to take an aggravation as a connection.  I agree that maybe you should try to direct SC and then IMO in the appeal but everyones situation is different.

Yes I certainly understand about all your evidence with buddy letters your osa diagnosis and sleep studies but the VA requires us to have a Dr to opine ..it normally takes a Dr word on it ....> that  is what gets service connection  if you notice it wasn't until your Dr Anaise gave his medical opinion  that they finally service connected you .

   The Dr opinion that your PTSD was likely as not related in some way to your osa.(they need to go in detail about how its related or caused by your PTSD AND MEDICATIONS..they will not take our word for it even with buddy letters and our lay statements, So it basically comes down to rather or not a Qualified Dr gives his pro-opinion in he veterans favor.

OSA/Sleep Apnea is very hard to get service connected  if the veteran don't have documentations/Records for any type sleep disturbance with in military,   usually if its s.c. it needs to be a secondary condition that helped get it.

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      regarding any issue material to the determination of a matter, the Secretary shall give the benefit
      of the doubt to the claimant.” 38 U.S.C. § 5107(b). “...the preponderance of the evidence must
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      department or agency must continue unless “...VA concludes that the records sought do not exist
      or that further efforts to obtain those records would be futile.” 38 C.F.R. § 3.159(c)(2).
      “If VA . . . after continued efforts to obtain Federal records concludes that it is reasonably
      certain they do not exist or further efforts to obtain them would be futile, VA will provide the
      claimant with oral or written notice of that fact.” 38 C.F.R. § 3.159(e)(1). The notice must (1)
      identify the records VA was unable to obtain; (2) explain what efforts the VA took to obtain the
      records; (3) describe any further action VA will take regarding the claim; and (4) notify the
      claimant that he is ultimately responsible for providing the evidence. 38 C.F.R. § 3.159(e)(1)(i)-
      (iv).
      Negative evidence and mischaracterization of claims. The Board may not consider the
      absence of a medical notation to be negative evidence when there is no reason a medical
      examiner would have commented on a particular matter. Buczynski v. Shinseki, 24 Vet. App.
      221, 224 (2011). See Douglas v. Shinseki, 23 Vet. App. 19, 25–26 (2009) (“...the duty to gather
      evidence sufficient to render a decision is not a license to continue gathering evidence in the
      hopes of finding evidence against the claim”).
      The Board may not mischaracterize veteran’s claims. Mischaracterization of claims may
      lead to considering issues outside of “...the scope of the appeal, applying the wrong law, and
      engaging in the wrong analysis.” See Murphy v. Shinseki, 26 Vet. App. 510, 513 (2014) (the
      Murphy Court recognized mischaracterization of claims as the catalyst to improper reduction of
      claims, which the Court indicated has a “...’chilling effect’ in the administrative appeals
      process...”).
      Medical treatises. A medical article or treatise “...can provide important support when
      combined with an opinion of a medical professional” if the medical article or treatise evidences
      “...generic relationships with a degree of certainty such that, under the facts of a specific case,
      there is at least ‘plausible causality’ based upon objective facts rather than on an unsubstantiated
      lay medical opinion.” Sacks v. West, 11 Vet. App. 314, 317 (1998); see also Wallin v. West, 11
      Vet. App. 509 (1998).
      “A veteran with a competent medical diagnosis of a current disorder may invoke an
      accepted medical treatise in order to establish the required nexus; in an appropriate case it should
      not be necessary to obtain the services of medical personnel to show how the treatise applies to
      his case.” Hensley v. West, 212 F.3d 1255, 1265 (2000). “An ‘evaluation’ of treatise evidence
      should be made in the first instance by the BVA.” Timberlake v. Gober, 14 Vet. App. 122, 131
      (2000). If the Board fails to consider medical-treatise evidence by the veteran, the Court will
      remand the case to “...the Board to evaluate “that evidence” to see if it supports a nexus.” Id.
      Due process. Veteran also contends the Regional Office’s (RO) failures as expressly
      asserted in this Notice of Disagreement rise to the level of the Secretary’s denial of Veteran’s
      procedural due process protections, guaranteed to U.S. military veterans by the Fifth
      Amendment, U.S. Constitution. See Cushman v Shinseki, 576 F.3d 1290 (Fed. Cir. 2009).
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