Closed Claim before scheduled C&P

[Boots624]

I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?

[GBArmy]

Boots624 Welcome to Hadit.

It may mean several things, but you need a decision letter from the VA; doesn't make much sense to speculate on limited info. Did the home sleep study indicate you have OSA? Do you have a diagnosis already and does it include a CPAP machine? You MAY get a little info if you call 800-827-1000, but they have very limited info regarding claim details that they can pass on to you. More than likely they will not provide anything useful. Find out if they have issued the decision letter, what date, and I would ask if they can see why your C&P was cancelled. You can call after 10 days of the dated decision letter and ask for a copy; I'd recommend as an attachment back to you via email. If you have a denial. let us know and we can possibly offer suggestions on what to do next. Good luck.

[pacmanx1]

5 hours ago, Boots624 said:

I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?

Unfortunately, the VA is in the position to grant/deny/closed your claim. The unique thing about your situation is that you still have a pending C & P exam. Either the VA will cancel this C & P exam, or they will allow you to keep it. Either way, you need to contact your PCP and try to get an appointment with the Sleep Evaluation Clinic to have your in-home sleep study explained to you and to get a diagnoses or not and go from there. 

[pacmanx1]

OK, until you get an official letter no real concerns to call the VA. Depending on how you filed your claim you will need a diagnosis. If you filed for direct service connection, you would need to meet the Caluza Elements which are 1. an in-service event, accident or incident. 2. A current diagnosis. And 3. A nexus connecting 1. And 2. You would need a medical opinion and a medical rationale that supports this claim.  If you filed a secondary claim to an already service-connected disability, you are going to still need a medical opinion and a medical rationale that connects your current sleep apnea to your service-connected disability.

[texasvet]

If you have been working with a VSO, I would give them a holler.  If not, find one & they will be happy to talk to you. 

I am fortunate in that there is a VA regional office within driving distance of where I live.  When I was developing my claim, I met a very nice DAV representative that really helped me out.

On a sidenote, I am 100% P&T and I have VA diagnosed sleep apnea, but nothing in my records indicate that I had it while on active duty, so I’m not pursuing it as I don’t want to rock the boat.

I’m very thankful for the 100% rating and the care that the VA gave me when I needed it most.

texasvet

[Berta]

OSA often needs a solid nexus to a veteran's service, or is often possibly due to a secondary but estanlished service cnnected condition ( or even due to SC meds).

We get hundreds of guests every day and I often read the online guest list to see what they are reading- often they are scrolling through threads that might not pertain to their issues, or looking at our profiles but still many times I see an older thread that is important.

This AM a vet was denied for something and the VA had listed his SMRs as evidence.

When the vet finally obtained his SMRs, he found the VA had overlooked considerable medical info in the SMRs to properly service connect his disability-so he finally succeeded and I hope he filed a CUE claim on the past denials. for a better EED and retro.

My point here is this- sometimes, regardless of what VA says as to listing your SMRs as evidence, they do not read them ('thoroughly;)- as 38 CFR 4.6 advises. Also many raters would not even know enough, medically to determine some medical documented issues in service, that would potentially be an established nexus- not to mention -if a C & P examiner does not fully read them as well.

My neighbor was recently awarded SC by bringing pertinent SMR copies to his C & P exam.It was one of the fastest awards I have seen in years.

Also the Military Personnel file you have ( often called the 201) also can contain some highly pertinent info to help establish the inservice nexus of what you are claiming. For a sleep apnea claim it could contain info that you were late for duty  or found sleeping on duty and of course buddy statements from someone in your unit who slept near you could verify you snored a lot .

I had a good friend, who also know my deceased husband well, who- when he finally took my advice to file a SF 180 for his SMRs and 201 file, after over ten years of denials that he did purrsue, was awarded a litle short of $250,00 in retro because what I saw oin his 201 file comletely corroborated what he had told me about for years, yet he had not sought the proof until after his case went to the BVA.

I wrote to his VA doctor and revealed what I had found, and the doctor ( this was an MH issue but not PTSD) prepared a brief statement with the 201 evidence that created the establshed nexus for his ultimate victory at the BVA.

And as I griped here before- I am still angry about this,- VA had denied my AO IHD death claim, saying there was no evidence of IHD in my husband's service,and I whipped a CUE on them immediately and they sent an award shortly after that.

How many Vietnam in -country veterans would have had IHD in service?As my CUEexplained ( violation of 38 CFR 4.6- my favorite regulation) most of these veterans were KIDS in Vietnam- barely 19 yeears old like my husband, and could have never been entered into the service if they had any type of heart disease like IHD. I  directed my CUE "Attention to" the Dope's initials they used to put in the alpha numeric of decisions.

And I wonder how many other AO IHD widows got the same BS from this same VA employed incompent person, and they and/or their vet rep never challenged their denial.????

 

 

 

 

[deedub75]

I didn't realize that VES would set up a home sleep study. Do you already have a sleep apnea diagnosis? 

It's possible that they have enough info to render a decision on your claim and a C&P exam for it is no longer needed. I don't recall even having a C&P for my sleep apnea claim. I had a sleep study done showing that I had sleep apnea and I had my PCP at the VAMC put in my records that my sleep apnea was most likely caused by my service connected chronic rhinitis and sinusitis. I believe the VA just asked for a medical opinion on mine based on the evidence of record.