Appeal Granted no letter or rating?

[Mr.B]

I claimed seizures while severing in the military and was medically boarded but the said it was sleep apnea! Then I appeal the decision because I was placed on meds for seizures by the VA.  Later the VA granted my appeal and never sent me a letter or rated me! This happened in 2001!  So what should I do or can they get away with not rating me?

[ShrekTheTank]

I would get it reopened and get the ball rolling on getting service connected.  Once you are service connected you can then fight the early effective date.  I know you want to fight and get it all corrected right now, but the VA loves to overlook things and focus on the wrong part if you are not service connected.

Someone else might have better advice, but for me keeping it moving and getting SC is key.

[broncovet]

Three things make VA claims succeed:

Documentation, Evidence, Caluza elements.   

If you have the letters you referred to, then you likely have documentation (evidence)  you need.  If you dont, probably not so much, unless you can find them, or produce a copy (or other reference to the existence of these documents) , perhaps from you military service records, exit physical, your parents  home, VSO, etc. 

"Even if" you dont have your above referenced letters, but "if" you have Caluza elements, you should win your benefits.  

Caluza elements short take:  1.  Current diagnosis.  2.  In service event 3.  Nexus (docs opinion your diagnosis is related to in service event).   

    If you can not locate these letters, then by all means apply sooner rather than later.  "If awarded", you can fight them for an earlier effective date for back pay.  

Edited December 13, 2020 by broncovet

[pacmanx1]

I would suggest that you request a copy of your rating decision and maybe even your C-file. Even if VA granted you a claim for sleep apnea there must be a rating decision and see what it states and go from there. The appeal should have a docket number you should be able to look up.  

The Board of Veterans' Appeals Decision search results (va.gov)

[broncovet]

While I agree with Pacman, unless you have been receiving compensation, its not real likely that VA has a copy.  But, dont use that as an excuse for  not trying, you never know unless you try.  So, take Pacman's advice for sure.  

However, ALSO, apply for new benefits.  It wont hurt and could help.  

[pacmanx1]

It is good that we do not all think alike because more eyes gets different opinions and maybe different solutions. My point is that BVA decisions are well documented and they are loaded up on the internet. There may be a BVA granted decision but no VARO rating decision.  We all know that the VARO ignores and even refuses to implement some BVA decisions. Now requesting the decision and or C-file would allow the veteran to have all the evidence he needs to figure out what is going on and what happened. Now if the evidence does exist and BVA/VARO has this evidence the veteran has a CUE Claim and or a Re-Open claim with a good claim for an EED (Earlier Effective Date).  There are no time limits on filing a CUE Claim and or a Re-Open claim.

The veteran can simply call the BVA and ask for his docket number and pull a BVA decision up and print it out. The veteran can also contact the VA call center (PEGGY) and ask them to MAIL/EMAIL OR FAX him a copy of his Sleep Apnea claim and go from there. I am not trying to belittle the veteran, but 2001 is a long time ago and who knows what or where VA did or sent a decision. Also, the veteran does not state if he has any other service-connected disabilities that could incorporate seizures. IMHO, knowing what is in the veteran’s file is just as important as to filing a claim.

 

BVA CONTACT NUMBERS 

(202) 565-5436

1(800) 923-8387

PEGGY

1(800) 827-1000