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

[Dustoff1970]

Gullfwarvet 1990 In your request for appeal via NOD and/or BVA appeal make a statement that you believe the C&P examiner's negative opinion was inadequate and/or defective for one or all of the following reasons.

1.  The examiner offered no detailed explanation rationale statement for his negative opinion and/or rejecting your doctor's IMO.

2. The VARO reason and basis for denying your claim was inadequate as the rater offered no detailed rationale explanation  for denying the claims and the VARO ignored, rejected your doctor's IMO without providing explanation why his IMO was not adequate or ignored.  

3.  Both the VARO rater and examiner ignored or found inadequate without detailed explanation your other favorable medical and non medical evidence to support your claim.

4. You and/or your doctor should make positive explanation statement why you believe your evidence and his/hers nexus opinion is more adequate and creditable than the VA examiner's and rater's negative opinions and reasons if any.  Key word to use is CREDITABLE.

This is just a few of the many reasons you can rebut both the VA examiner's and rater's negative opinion and decision against you.

Standby your own doctor's opinion till the end.

Many mean minded or lazy paid VSOs do not want veterans to know the above information as the VSOs would have to do a lot more work in preparing rebuttals to VA denials and/or  also more work in appealing vets claims. They should be fired and sent to rest with the worms.

Prior favorable BVA decisions cannot be cited or used as proof to help you with your claim and appeal however the BVA information in those decisions such as above can be very valuable for you to use in your own arguments for the BVA or VARO claims, and appeals. Works for me and there is a ton of good stuff in those BVA decisions (a regular gold mine) I will soon send you by private msg a few of these BVA decisions granting overweight vets like me OSA due to PTSD and PTSD medications.

In most favorable BVA decision the judge will consider and weigh the evidence and the opposing opinions of VA examiner, rater and the vet's own doctor's MO plus other evidence and give benefit of the doubt to the vet or find the vet's argument and IMO, evidence in equipoise and therefore grant the vet his appeal.

Good luck and I will see you at the rodeo.

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

 

Edited April 15, 2022 by Dustoff 11

[Gulfvet45]

On 4/13/2022 at 9:06 PM, GulfWarVet1990 said:

Hi Gulfvet45, thank you for the information, I received my letter today, the VA sided with the VA examiner "the medical opinion was more persuasive than you private physician's opinion." Please note I submitted an IMO from a PsyD specialist re: OSA/PTSD. 

The also noted "the VA examiner's opinion provided more weight".

What is the best approach or appeal route to win my claim? And what additional evidence will I need to do so. Thank you.

You doctor needs to address the fact that the weight gain form the medication you are taking for all of your service related injuries.

 

 

 

On 4/14/2022 at 6:39 PM, GulfWarVet1990 said:

Thanks Dustoff11 - I am going to move onward and appeal. Dr. Todd Finnerty wrote my IMO, he did not have much to go on viewing my records, no evidence of sleep apnea in my medical records but a recent diagnosis and sleep test results from a non-VA physician. He is willing to write a rebuttal, as of date have not received a copy of my C&P exam.