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IMO was very Comprehensive but OSA Supplemental Still Denied

GulfWarVet1990

By GulfWarVet1990
in Denial Letters

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Stayfocus Community Regular

Stayfocus

Posted
Posted
20 minutes ago, john999 said:

No, I am not trying for OSA as service-connected.  I am at 100% now .  Unless I can connect OSA to DMII, High Blood and heart disease I don't think I can get OSA service connected.  I have been out of the service for over 50 years.  In those days I don't they even knew what OSA was.

 

In the narrative of your denial, what reason, and rational was given?

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El Train
El Train

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. 

SgtKidJoe
SgtKidJoe

Keep up the fight. I have 2 appeals before the BVA. Dr Anise wrote my IMO for OSA secondary to Sinusitis, tinnitus, and something else. When I originally submitted it thru the VSO, he freaked out beca

Whodat
Whodat

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 m

SgtKidJoe Apprentice

SgtKidJoe

Posted
Posted

Keep up the fight. I have 2 appeals before the BVA. Dr Anise wrote my IMO for OSA secondary to Sinusitis, tinnitus, and something else. When I originally submitted it thru the VSO, he freaked out because of the many pages and documentation. Yet it was denied. I have been in this appeal process since Aug 2018\2019, can't remember.

The person that rejected my claim is a geriatric nurse that wrote that she consulted wikipages and found "more credible" evidence there against my claim. And that I should continue my therapy for my medical issue, even if it isn't disabling??? WTF?!!

It is extremely frustrating reading stupid crap like that, especially from a trained nurse. One would think that there would be a checklist or a flow chart to help the rater make a simple but accurate decision.

Just remember, it costs you nothing more than what you have in it to continue the appeal. But it costs you more when you don't appeal.

Fight, Fight more, find away forward.

Look at any other issues you may have and fully document them and file for them. It's about documenting your disabilities. Before Military Disabilities Made Easy became a paid site, you could look at the criteria needed for each issue and provide evidence to support your claim. I only used it for my 2 months to support my recent claim. I also sent in everything I referenced, even if they had a copy of it. I also had a statement from my wife, and I submitted a statement of my own, describing the condition I was filing for, how it affected me, my ability to not be able to do things, the affect on my family.

I had a 1stSgt tell me one time, you gotta potatohead things for people. Make it simple and straight forward for them to follow the path you want to lead them on.

I'm not saying it is a guaranteed path to getting it approved, it's just what I have done.

So it won't surprise me if my recent claim is denied in part, or in full.

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blahsaysme2u Mentor

blahsaysme2u

Posted
Posted
On 10/1/2022 at 9:09 PM, john999 said:

Someone high up in the VA has decided they just don't want to approve claims for OSA.  Many of these guys have a low opinion of vets.  They think all vets are just freeloaders.  They would never admit to this prejudice but I think it is there.

I beleive this too...I won sc through bva...

After many appeals and fights with varo- the judge was very helpful and shocked when I had hearing why I wasn't given sc sooner

Then varo refused to give proper eed fir osa....another fight...now they owe backpack from 2008....granted I don't get any interest on that money-as someone else pointed out the other day- so they didn't lose anything in fighting me all these years and had the possibility of me giving up or dying or just me never winning if adjudicated by people without integrity....in the end we the veterans still lose even when we win...years of fighting, money and investing opportunities, and the high chances/probability of losing/dying/giving up hope

Lesson? NEVER GIVE UP!!! EVER!!!!!!

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SgtKidJoe Apprentice

SgtKidJoe

Posted
Posted

At some point, there should be a published document to correctly sort and evaluate these decisions. If not, I would love to see it somehow tied to waste, fraud and abuse.

Hoe can any organization receive corrective direction, and it continue to get FUBAR's? It's amazing to me that this is still continued to be decided individually, vice training and procedures to correct these decisions. And there should be interest charged. The IRS taxes the crap out of money you owe them, and hits you with interest. We should be able to do the same somehow. 

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broncovet Grand Master

broncovet

Posted
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Posted

An IMO is not "all" of the parts.  Caluza has 3 parts, the nexus is just one.  

And, even if you have all three, you still need a documentation of symptoms.  

Before all that, you have to demonstrate you are "eligible"..meeting Va's character of discharge criteria, as well as many others.  

While a nexus is very very important, its sort of like a car motor.  You need wheels, tires, transmission, Steering apparatus, brakes and a bunch of other stuff, but if the motor is not running the rest wont matter.  

So, check the rest of the stuff:  Start with diagnosis, in service event, and symptom documentation.  

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