sleep apnea deferred + tinnitus Sleep apnea deferred + Tinnitus

[Semperguy]

Hi fellow vets, I have been in the shadows learning and reading on this forum for awhile and decided to register as I need some help with my claim. I have a couple of questions. 

I got my decision letter yesterday which is dated for 01/25/2021. 

 

1) I got awarded Tinnitus 10% but the effective date is 11/24/2020. I believe this is wrong since I submitted an Intent to file on 11/25/2019 and have paperwork/copies to prove. Any suggestions on the best route to take to contest this and have it corrected? 

2) My decision letter also states " A decision on entitlement to compensation for sleep apnea is deferred" on page 3 also states "The issue of compensation for sleep apnea is deferred for the following information: VA Medical Opinion"

      a. That is everything on the letter regarding the sleep apnea 

 

To give you some background info on the sleep apnea I was tested at the VA for a sleep study back in 06/2019 due to sleep issues I was having which I shared with my VA psych doc. The sleep study showed I have sleep apnea and I was assigned a CPAP machine the same month and have been using it since. I was seen by LHI in 01/2021 since I put in a claim for "Sleep apnea secondary to PTSD".

I was honorably discharged from the Marine Corps 08/2013. I was service connected for PTSD 70% and right wrist strain 10%. I am service connected for many other issues at 0%.  I am going to the VA regularly and taking medicine for my PTSD. I had also filed an increase for my PTSD with the claims mentioned above but that stayed at 70%. After reading much on here I believe this rating is correct since I am working part time from home. I had believed to be 100% for many reasons as my journey has been very tough but I am taking it one step at a time. 

 

I appreciate any help and guidance I can get on this. It has been pretty stressful but the vast knowledge I have gotten here has been priceless and has given me the confidence to create and pursue my claim. 

 

[Navy Vet's Wife]

On 2/11/2021 at 11:46 AM, Semperguy said:

Thank you so much for getting back to me gents! @GBArmy @broncovet @Buck52

 You three are some of the vets on here I have followed the most and have seen help this community tremendously.

 

The effective date of 11/24/2020 was when I submitted the online application through VA.gov, I did not mail it in - so yes I did cut it close but it seems to still be within the year from when I filed the ITF electronically on 11/25/2019 which I do have paperwork to prove - The va.gov site actually confirmed I was within the year so looks like I should be good to go there I just have to now look at doing one of the processes you all recommended. Thank you for this guidance

 

What really confuses me and makes me uneasy is the sleep apnea being "deferred". So since I received my decision letter is this claim paused at this time while they look into it and I need to just standby OR do I have to submit an NOD/SCL/HLR/CUE ? 

No I do not have a nexus or an IMO for the sleep apnea, just the sleep study from the VA and the CPAP from the VA, which is in my VA records and I had submitted copies of this for my claim. I want to be proactive with this. Is this something you recommend I get at the VA? or is it better that I get it elsewhere? 

 

Good evening, my husband received a letter with a deferred status before also. This was because the VA decided on some of the conditions and sent the notification on those, while they finished the steps on the other 'deferred ' condition. With your OSA, and the use of a CPAP, you will more than likely end up at the 100% total by the time a OSA is factored in. I never count on anything with the VA, I am at 9 years on a fight with them for some of my husband's conditions, but during that 9 year fight, I have successfully got him to the 100% rating on other points. On VA.GOV it will show the receipt date, if that was within the 1 year of ITF, then you should be given the original ITF date. I always file the ITF as well  Lastly if any of the other conditions you have, at the 0% rating you mentioned are heart related, you should pursue those for higher rating as secondary to the PTSD and/or OSA. It is well known they all impact each other. Best of luck to you!

[Marine Corp 69/70]

Semperguy about your ITF I had a claim in for hypertension I won the claim and they did the same thing to me, I call the 800 number and they put in a inquiry and they reopen the claim as a CUE about three weeks later they change the date to the ITF date. Semiper Fi Brother and good luck

[Carl the Engineer]

For me, deferred, was a good thing.  It took longer, and it went to 2 additional raters, but in the end I got my increase.  As it was explained to me, some facilities have specialties in certain areas, and the more complicated case(s) get shipped around.

Hoping for you,

Hamslice