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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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Higher Level Review for Sleep Apnea secondary to Allergic Rhinitis.


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Hello all,

I am new to the forums and looking for some guidance. I was denied service connection for sleep apnea through a claim that provided a Physicians Assistant nexus letter and dbq linking sleep apnea to my service connected conditions of allergic rhinitis, hypertension and bilateral plantar fasciitis. I went with the higher level review route and now my VA.gov site shows:

The Veterans Benefits Administration is correcting an error

During their review, the senior reviewer identified an error that must be corrected before deciding your case. If needed, VA may contact you to ask for more evidence or to schedule a new medical exam.

 

Not sure if this is a good think or just standard. I felt like my informal conference was literal 2 minutes and just explained what the HLR was. When I requested my C-File a few months ago, I noticed that the VA was originally going to rate me at 100% with sleep apnea being service connected to my allergic rhinitis referencing my IMO as the favorable evidence, than five days later they redid the final approval letter and denied the service connection. My C&P Nurse Practitioner stated that Allergic Rhinitis doesn't cause Sleep Apnea but I have seen Board of Appeals be granted and other veterans as well get Sleep Apnea as a Secondary to this condition. Just seeing if anyone else knows what the next stage in the process will be and what an unofficial timeline for something like this would be? I am roughly around day 110 for the HLR and overall this claim dates back to December of 2019.

 

Thank you again and sorry if this is posted in the wrong forum.

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I have a VA Diagnosed for sleep apnea   and use a C-pap I have not yet filed a claim for that secondary to PTSD I use the C-Pap machine every night, I might file for it   .. but .later. ...> no mor

Not sure what the outcome will be, but this is a lot better than a straight-out denial. In other words, the VA is given your claim a second look before they make a decision and even though you may get

So they are taking a look at what is not there so they can hopefully make a good decision.  Just have to wait for them to resolve it and see what they deciede to do.    

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So they are taking a look at what is not there so they can hopefully make a good decision.  Just have to wait for them to resolve it and see what they deciede to do.  

 

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2 hours ago, Sancheezy05 said:

The Veterans Benefits Administration is correcting an error

Not sure what the outcome will be, but this is a lot better than a straight-out denial. In other words, the VA is given your claim a second look before they make a decision and even though you may get a denial, the second look that they are crossing their (T)s and dotting their (I)s is better than a denied rating. 

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I have a VA Diagnosed for sleep apnea   and use a C-pap I have not yet filed a claim for that secondary to PTSD I use the C-Pap machine every night, I might file for it   .. but .later. ...> no more $$ in the pot for me  I am 100% P&T With 2 SMC's

But  what you need is a Quailed Dr to give his medical opinion that it is medically necessary for you to use the C-pap Machine every night due to your service connected ALLERGIC RHINITIS , you need to get your Sleep Apnea Link to one of your service connected conditions  that is likely as not the cause or related to your Sleep Apnea  This needs to come from a qualified Dr   and a sleep study record to show the details  severity of your VA DIAGNOSE SLEEP APNEA.

Just because a veteran is prescribe a Sleep Apnea Machine   don't qualify him for compensation  you need a link from something from your military service to nexus the S.A.   Or file a secondary claim to your S.C. Rhinitis...but we can't say that , We need a qualified Dr to  opine his medical opinion in your favor   that he has read your medical records and it is his medical opinion that your c-pap is medically necessary to use. AND HE NEEDS TO GIVE AN EXPLANATION as to why ITS MEDICALLY NESSESSARY  for you to use the C-Pap Machine.

You need to have  all this and maybe some more evidence to send in, secondary claims for sleep apnea they go over the claim with a fine tooth comb. its one of my reason I have not yet filed for it.

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