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Denial Letter missing? Where can I get a copy? I have a Premium online VA account but cant find it...By Wico1337
I did not see my most recent decision denial letter in the mail. Anyone know where I can get ALL of my past denial letters and their reasonings for denying me? Also, is there a way to see all of my service connections and their wording on why they were able to service connect me?
One reason I also want to know the reasons I am service connected to things is because I was recently approved for Hypertension. They denied me Sleep apnea in the past because of my weight. But I believe in this recent decision, I leveraged the fact that I gained weight due to my mental health service connection. And I was able to use that as a nexus for hypertension. I am now wanting to point toward that service connection approval and use it as an "It was recognized in my Hypertension claim that I gained weight from Anxiety/depression service connection. I am wanting to transfer that recognition to my reasoning for my service connection to sleep apnea. Since the VA had prior listed the reason that I have sleep apnea is due to my weight."
Anyone know where I can get past approval and denial letters with details of connections?
Hello, I'm new here but have read through many posts. I posed this question under a different area not knowing there was a specific area for PTSD/MST cases. Anyway I put in several claims for increase & a new one for PTSD due to MST. I've had exams for everything but the PTSD. When I contacted the VA to inquire if I would be scheduled for one. They stated that reviewing chart records & other evidence no exam was needed. Has anyone had a good outcome without a C&P exam for PTSD? I'm currently at 50% for MDD & anxiety. However, recently VA doctors have said it's a misdiagnosis & changed it to PTSD. Any feedback would be helpful. Thanks
I try to keep it short and hopefully make sense.
2011 Aug - Got out did Pre discharge Disability Claim with VSO on base before I went on final leave.
2011 December - VA Examination, Chronic Fatigue Syndrome, I dont have a copy of this exam only the one from 2013.
2013 June - Chronic Fatigue Syndrome DBQ
This Dr. typed in section #1 Diagnosis;
If there are additional diagnoses that pertain to chronic fatigue syndrome, list using above format: The veteran was misdiagnosed in May 2011. He does not and he never did have chronic fatigue syndrome.
in section #2 Medical History:
a. Describe the history (including onset and course) of the veteran chronic fatigue syndrome: Veteran was tired and sleepy for a couple of weeks and was fine one month later. Asymptomatic at this time.
2013 Aug - Rating Decision from the 2011 claim it took 2yrs to complete.
in this rating Decision there is no mention of the DBQ for Chronic Fatigue Syndrome in the denial area and there are no deferred claims. There are 9 claims some granted and denied but nothing about the Chronic fatigue.
They only mention the Chronic Fatigue DBQ in the All evidence considered section:
2017 - VA Neurologist put on the comments for my Primary Care Dr.
For Fatigue please consider sleep study
2021 - Was diagnosed with Obstructive Sleep Apnea by private Sleep Doctor
2021 - I got a Rating Code sheet and there no mention of Chronic Fatigue Syndrome.
When I filled the Pre discharge Disability I dont recall we talked about Fatigue syndrome so I am pretty sure it was not part of the claim, but somehow the VA ordered a DBQ for it maybe because it was within the 1yr mark since I got out that I was diagnoses with Chronic Fatigue Syndrome.
Would this be considered some type of Duty to assist error? as the C&P Doctor said I was misdiagnosed but then the VA did not order a sleep study to figure out my fatigue back then.
So all this time I been having low energy levels / fatigue / sleepiness due to the Sleep Apnea since I got out but I was misdiagnosed and not given a sleep study. Heck even my primary care Doctor failed to follow the Neurologist suggestion to order me a Sleep study.
What are the chances that the VA would grant Sleep Apnea back to 2011 since I dont recall claiming it but again somehow they did a DBQ for the fatigue issue.
By Donny Dollaz
I am looking for anyone who can provide me some guidance. I was awarded 20% disability for knee arthritis on 5-17-21 but denied sleep apnea as secondary to my knee disabilities on 5-24-21. I did have buddy statements, a letter from my wife, documented diagnosis of severe sleep apnea, a prescription for my CPAP and a nexus letter from my sleep doctor. The nexus letter was ok but probably not as strong as it could have been. I am in the process of obtaining a second nexus letter. My question is, does it make sense to file a supplemental claim or should I appeal directly to the VA Board of Appeals. My VA Rep said we could go either way but the board will take 4 years. I dont want to waste up to 120 days if the local office is more likely to deny me again. Does anyone have experience with getting sleep apnea service connected at the supplemental review? Thanks for any help.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,