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WAS VERY EXCITED FOR THE BVA WIN OF ALL SIX GRANTS. THEN SCREWED BY THE REGIONAL OFFICE!!!


pctinc2001

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After being on appeal for seven years I thought that after the BVA grants it would be smooth sailing. First, my sleep apnea claim has been on appeal since April 2015, I was diagnosed with severe obstructive sleep apnea and prescribed a CPAP (and uses it on a daily basis). I provided a nexus from a neurologist and sleep doctor. I was granted sleep apnea at the BVA, but the Regional Office only granted me with 20%. After reviewing 38 cfr, a CPAP is a 50% rating. As a matter of fact, a 20 % rating wasn't even listed. It was 0,30,50 or 100%. Also, my retro pay is so far off i don't understand how this even happened. It is devastating to fight for 7 years, win and then get shafted at the end. I hope I can submit a copy of the CFR and get the rating I deserve. Any advice is helpful.

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I am sorry that this has happened to you.

On your decision letter, it should tell you how to appeal.

I do believe that you have a year to appeal. I would appeal both eed and the rating for SA. 

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4 hours ago, pctinc2001 said:

I was granted sleep apnea at the BVA, but the Regional Office only granted me with 20%.

Typical, stupid, but typical. Prior to filing a new notice of disagreement to either the HLR or the BVA, you can try to call the VA 1 (800) 827-1000 and or the VA White House Hotline 1 (855) 948-2311 and ask is this a proper rating for Sleep Apnea, since as far as you know there is no 20% rating for Sleep Apnea and see what they say. Be respectful and polite but play dumb. They have the authority to place a call to get it corrected and if not, you are going to have to play the game and file a new disagreement. It could be a simple error like a typo, but you never know with the VA and filing a new disagreement could take several months to a couple of years.

Your brand-new decision allows the VA to say that they just completed another legacy claim even though it is incorrect and most likely cause you to file a new disagreement to add to the backlog, but they can claim they did complete your decision and Congress should allot them more funding.

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7 hours ago, pctinc2001 said:

After being on appeal for seven years I thought that after the BVA grants it would be smooth sailing. First, my sleep apnea claim has been on appeal since April 2015, I was diagnosed with severe obstructive sleep apnea and prescribed a CPAP (and uses it on a daily basis). I provided a nexus from a neurologist and sleep doctor. I was granted sleep apnea at the BVA, but the Regional Office only granted me with 20%. After reviewing 38 cfr, a CPAP is a 50% rating. As a matter of fact, a 20 % rating wasn't even listed. It was 0,30,50 or 100%. Also, my retro pay is so far off i don't understand how this even happened. It is devastating to fight for 7 years, win and then get shafted at the end. I hope I can submit a copy of the CFR and get the rating I deserve. Any advice is helpful.

Did you tackle this claim by yourself or did you have a rep? Seems to me that if you had representation, they would have caught this mistake and try to correct it immediately. 

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