Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

Just found out today Denied Sleep Apnea Secondary to PTSD - Disappointed

Rate this topic


Recommended Posts

1 hour ago, broncovet said:

Yea, there is a temptation to use "another Regional office decision maker" to save the often long wait at the BVA.  I get that.  My advice is to "resist that temptation" in most circumstances, because, "unless you have new relevant evidence", a different outcome is often precluded because of Res Judicata:

In other words, you cant just "keep applying at the Regional Office" until you find a highly Veteran favorable decision maker.  

 

Hi broncovet, Are you recommending I take the BVA appeal (Veterans Law Judge)route? 

Link to comment
Share on other sites

Once you get the letter the reasons and basis will tell the exact reason why they denied you.  Well.....it is supposed to anyway.  In all of my denials the reasons and bases were lacking to say the least.

From personal experience I would avoid the HLR route all together.  It is nothing more than a farce and this is from personal experience.  I have had 3 HLR's all rubber stamp the denials.   To put it in perspective.  Every condition that was denied in my HLR's was granted at the BVA level.

There is plenty of medical documentation that shows how PTSD can cause or aggravate sleep apnea.  The problem you run into now is you will need a medical opinion that will overcome the negative opinion the VA already has in their possession.  You could do this research yourself and submit it in support of your claim but in my opinion that is very risky because if you are not a medical professional you would not be qualified to make the medical connection.  I have done a lot of research on sleep apnea causation for my claims and in all my research I have not found a single instance where a sleep apnea claim was overturned based on a veterans research. It took an IMO to get mine service connected.

Link to comment
Share on other sites

20 minutes ago, JKWilliamsSr said:

Once you get the letter the reasons and basis will tell the exact reason why they denied you.  Well.....it is supposed to anyway.  In all of my denials the reasons and bases were lacking to say the least.

From personal experience I would avoid the HLR route all together.  It is nothing more than a farce and this is from personal experience.  I have had 3 HLR's all rubber stamp the denials.   To put it in perspective.  Every condition that was denied in my HLR's was granted at the BVA level.

There is plenty of medical documentation that shows how PTSD can cause or aggravate sleep apnea.  The problem you run into now is you will need a medical opinion that will overcome the negative opinion the VA already has in their possession.  You could do this research yourself and submit it in support of your claim but in my opinion that is very risky because if you are not a medical professional you would not be qualified to make the medical connection.  I have done a lot of research on sleep apnea causation for my claims and in all my research I have not found a single instance where a sleep apnea claim was overturned based on a veterans research. It took an IMO to get mine service connected.

Thanks JKWilliams Sr. - sounds like I need to get another IMO to overrule the VA examiners decision.  I would have to agree with you taking the BVA route, I had a complex case re: cancer, final took it all the way to the BVA and won.  

Link to comment
Share on other sites

6 minutes ago, Marine Corp 69/70 said:

Mr G you need to get a copy of your C&P exam from your VSO or your RO office to see what the C&P person said word for word and compare it to your IMO and then go to the BVA if your IMO is better.

Thanks Marine Corp for the advice. 

LOL I'm a Ms. G 😄

Link to comment
Share on other sites

If you choose HLR you close the option to provide favorable new and material evidence that may come your way at the last minute such as new medical treatment records or another doctors opinion in your favor.

If you appeal to the Board (BVA) very often they will find the VA C&P Examiner's (or VES, LHI) opinion to be inadequate or defective and accept your doctor's opinion as more creditable compared to the C&P examiner. Often they also find the VARO rater's reason for denying your claim to be inadequate, etc.

This has just happened to me in two recent BVA appeals where the BVA found my doctor's medical opinion to be more creditable on my OSA Sleep Apnea due to PTSD and granted me the disability benefits.  The other issue on appeal for increase of heart disease the BVA found the C&P examiner's opinion to be defective (biased) and issued a remand to the VARO.  So you may still be in good shape if you have to appeal.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use