IMO was very Comprehensive but OSA Supplemental Still Denied

[Dustoff1970]

Dr. Anaise is the greatest.  Thanks to his very detailed explanation and list of medical references to support his contentions I won on BVA appeal OSA Sleep Apnea secondary to PTSD and PTSD medications in their December 2021 decision.  The BVA cited his nexus medical opinion as a key piece of evidence in granting my appeal and also found the sorry VA C&P examiner denial of my OSA due only to 30 lbs overweight opinion as "defective".

Dr. Anaise also opined that my overweight condition of many years was due to PTSD and PTSD plus other VA medications.

He also won a BVA remand for me on appeal of a VARO denial of my claim for increase in Agent Orange heart disease known as IHD/CAD.  This remand is still pending.

You have an excellent chance of winning your claim on appeal.  It is unfortunately typical for VARO raters to deny vets claims with strong supporting evidence to include good quality doctor's medical nexus opinions.  It is their game and rules.

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

[GulfWarVet1990]

4 hours ago, Whodat said:

Here we go again. All of this hooblah about nexus letter, now vets are financially struggling as is, paying all of their money to get a nexus just to get shot down. 

I just received a pm from a member stating that legacy appeals are extended for another 3 years. I have not found anything on that but if it is true, then think about how long AMA claims will take. 

Nexus or not, VA is doing to take advantage of people that have sacrificed their lives for their country. 

Thank you for your positive words of encouragement and advice.

Edited September 27, 2022 by GulfWarVet1990

[GulfWarVet1990]

5 hours ago, El Train said:

You could file a complaint with your local VARO and contest the VES examiners credentials and exam.  This probably will trigger another C&P with a different examiner.  I've done this in the past.  It worked out for me.  I guess you have nothing to lose by filing an HLR, but they'll probably rubber stamp the VES examiner.  But you never know.

I believe Dr. Anaise is also a lawyer.  You may want to contact him again to see if he can represent you.  I imagine he might take interest since his exam is being dismissed.

Thank you 

 

3 hours ago, Stayfocus said:

Just curious, did the imo state in detail that he reviewed your Cfile, and all SMR?

Yes. May I ask the reason behind your question. Thanks

[john999]

Just appeal, appeal and then appeal some more.  I was DX'ed with a heart condition. The VA rated me at Zero.  I appealed and got 60% just because I appealed it and got some new evidence from the VA itself.

[Stayfocus]

8 hours ago, GulfWarVet1990 said:

Thank you 

 

Yes. May I ask the reason behind your question. Thanks

Because you mentioned the va sided with its own c&p examiner.
It’s all in the way the C&P Dr writes his report.

Certain statements within his report need to be highlighted…”I have received and reviewed veterans entire cfile, and all private records and lay statements”.

You said your Dr addressed this in his report, so I don’t know what else to say but appeal, appeal, appeal.

[Mr cue]

Ok here is n my 2 cent in the issue.

Ok you have two imo did they address both in the decision and give a reason and base for choose one over the other.

If they only address there own imo I would appeal. Based on this.

Va eplain there decision to choose one imo or others.