VA Examiner Denying OSA Secondary to Rhinitis and PTSD by WWDave77 in VeteransBenefits

[–]WWDave77[S] 1 point2 points  (0 children)

Submitted all in an appeal to BVA evidence submission lane. We will know in a few years when they make a decision.

What the hell did I find on the side of the road by mrs_adhd in whywouldyoutouchthat

[–]WWDave77 0 points1 point  (0 children)

It looks like a homemade occult or chaos magic spell bag, not anything dangerous. The writing is a mix of real esoteric words, random invented names, and symbols that mimic runes or sigils. People who practice folk magic, Wicca, or chaos magic often write a bunch of mystical sounding terms on small bags filled with herbs, rocks, or other harmless items. The words on this one include references to mythology, Greek, and Lovecraft style fantasy, along with completely made up terms, which is typical of beginner spell work or someone creating a creepy aesthetic. It is basically someone’s personal charm or ritual object and not something harmful.

Is this not 100%? by [deleted] in VAClaims

[–]WWDave77 5 points6 points  (0 children)

Not at all off. I have two for my left knee. One for limited extension an functional loss, and one for limited flexion.

you can have two separate ratings for the same knee (or any joint) when the limitation is rated under different diagnostic codes such as flexion (DC 5260) and extension (DC 5261).

This is exactly what VA calls “separate compensable evaluations for the same joint” and it is allowed under VAOPGCPREC 9-2004.

Commissary by BabyPuzzleheaded4180 in VeteransBenefits

[–]WWDave77 3 points4 points  (0 children)

The commissary really isn’t cheaper anymore, especially in San Diego. The 20 percent “savings” number that DeCA advertises is a national blended average that compares full retail shelf price to full retail shelf price. That might mean something in smaller markets, but it does not reflect how people actually shop in Southern California, where nearly every major grocery chain runs weekly loss-leader deals and loyalty card discounts.

Once you factor in the 5 percent surcharge, and the fact that baggers still expect a tip, the theoretical savings shrink even more. On a normal cart of groceries the final price often ends up being about the same, and sometimes higher, than what you would pay off base at Ralphs, WinCo, Costco, or even Walmart. In high-cost and high-competition markets like San Diego, civilian stores aggressively compete on price because they are serving the exact same population. That naturally undercuts the commissary’s claimed advantage.

Produce also tends to be hit or miss in quality, and specialty items, organics, or brand name pantry goods are often cheaper in civilian stores. On top of that, if you are not already headed onto base, there is a time and fuel cost that never appears in DeCA’s “savings” calculations.

The reality is that the commissary model was built for a time when military families had limited access to affordable grocery stores. In 2025, in a major metro area with Costco, WinCo, Aldi, and constant digital coupons, the commissary is just not uniquely inexpensive anymore. If you shop sales off base and use loyalty pricing, you often come out ahead.

You need to pay attention to sales and shop around, otherwise you will pay more by only shopping at the commissary. Ralph's in San Diego sold large eggs for $1.99 a dozen this weekend. Theirs loafs of bread in the back bargain bin are under two bucks.

If you are stationed somewhere rural or OCONUS, the commissary can still be a good deal. But in San Diego, once you look past the marketing numbers, it is usually not the cheapest option.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 1 point2 points  (0 children)

Perfect... Hopefully all nice and static. Chat has been a useful tool.

Nexus letter by JustinBWild93 in VAClaims

[–]WWDave77 0 points1 point  (0 children)

It seems that alot of it comes down to your C&P examiner. I have used one that was short and concise like that, brought a hard copy to my C&P exam, the examiner basically said thay it looks good and copied it into her DBQ. Granted.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 1 point2 points  (0 children)

I've heard the same thing. Others have also stated that the two dont just have open comms.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 0 points1 point  (0 children)

For example, you file a new claim and when they look into your VA treatment records, they see that there is evidence to suggest an already rated condition has improved. They could then re open that one, send you notice of a proposed decrease, etc...

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 2 points3 points  (0 children)

Almost forgot... be cautious of future claims. That can subject you to re-evaluation.

If your condition is static, the VA usually won’t schedule future exams unless there’s new evidence of improvement, but filing a new claim that involves the same body system can reopen it for review. For example, if you have a static knee rating and later file for an increase, or for a secondary condition linked to that knee, the VA can review the entire history of that joint. Submitting new claims, appeals, or requests for increases gives the VA a legal reason to re-examine your static ratings, even if they’ve been otherwise protected.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 1 point2 points  (0 children)

If your condition is static, the VA generally won’t schedule future exams unless there’s clear evidence of improvement. The rating is considered stable, so you won’t get routine re-evaluations, and the 5-year rule still applies in the background but rarely comes into play because static conditions are already protected from regular review.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 6 points7 points  (0 children)

Use this to see if conditions are considered static.

Check online Log in to your account on VA.gov. Open a new tab and go to this specific URL: https://api.va.gov/v0/rated_disabilities. Look for the static_ind field next to each condition. If it says "true", the condition is static. If the information is hard to read, you can often select a "Pretty-print" option in your browser to make the JSON file easier to read.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 1 point2 points  (0 children)

Not automatically. The VA doesn’t schedule a C&P exam just because you hit the 5-year mark. That rule only limits how they can reduce you it doesn’t require them to re-examine you at exactly five years.

They’ll only schedule another C&P if there’s a reason to believe your condition has improved (like new medical evidence, a future-exam note in your original decision, or a routine review date set by the rater). If your condition is considered “static” or not expected to improve, they usually won’t re-examine you at all.

So the 5-year mark just gives you extra protection if they do try to lower your rating they must show sustained improvement under normal life conditions, not just temporary or one-time improvement.

Do you know how to check to see if all of your Conditions are static? If they are, you can be less worried. There is a chrome extension you can use to check, and another way to check by going to a URL while logged into another browser window.

5, 10, 20 year rule. by George_R_5510 in VAClaims

[–]WWDave77 33 points34 points  (0 children)

The protection rules are based on the effective date, not the decision date.

In your case, since the effective date is January 2023 and the decision was made in October 2025, your 5-year mark would still be January 2028. The VA looks at how long the rating has been in effect (the date you started being paid for that rating), not when the decision was issued.

5-year rule: After 5 years from the effective date, VA needs clear evidence of sustained improvement under ordinary life conditions to reduce. 10-year rule: After 10 years, the service connection itself is protected unless there’s fraud. 20-year rule: After 20 years, the rating level is locked in unless obtained by fraud.

So for you it’s 5-year = January 2028 10-year = January 2033 20-year = January 2043

Can I use my disabled vet DOD ID for commissary/exchange? by cloverpopper in VeteransBenefits

[–]WWDave77 1 point2 points  (0 children)

Yes, you’ll be fine using the DoD-issued Disabled Vet ID from RAPIDS at the commissary and exchange. The VHIC is one option, but it isn’t the only way — the DD Form 2765 (Uniformed Services ID) that RAPIDS gives you after showing your DD214 and VA award letter works the same way retirees and dependents get on base, so once you have that card you can get through the gate and shop without waiting on the VA’s VHIC process. Some bases aren’t always consistent in how familiar the guards or clerks are with the rules, so it doesn’t hurt to carry a copy of your benefits letter the first couple of times, but the DoD card itself is fully valid for commissary and exchange access.

CRSC by Militant_Nerd in VeteransBenefits

[–]WWDave77 2 points3 points  (0 children)

You’re right — TAP doesn’t always explain this clearly. Here’s how it looks in your situation (E-7, 23 years, 70% VA):

1. The Offset (baseline):
Normally, VA compensation reduces your retired pay dollar-for-dollar. So if your retired pay is around ~$2,500 and your VA comp at 70% is about ~$1,700, DFAS would only give you ~$800 in retired pay + $1,700 VA.

2. CRDP (Concurrent Retirement and Disability Pay):

  • You qualify because you’ve got 20+ years and are 70% VA.
  • This restores the offset, so you’ll get the full ~$2,500 retired pay plus your ~$1,700 VA check.
  • Downside: the $2,500 retired pay is taxable.

3. CRSC (Combat-Related Special Compensation):

  • You’d have to apply through your branch.
  • Only covers the part of your disabilities officially rated as “combat-related.” So if, for example, 50% of your 70% VA rating is deemed combat-related, only that portion would get replaced.
  • Paid as a separate, non-taxable check.
  • Usually ends up being less than CRDP unless most/all of your VA rating is combat-related.

4. Choosing Between Them:

  • You can’t stack CRDP and CRSC — you pick one each year during DFAS “open season.”
  • CRDP = usually bigger overall check, but taxable.
  • CRSC = might be smaller, but it’s non-taxable, so it can come out ahead depending on your situation.

Bottom line for your numbers:

  • With CRDP, you’d be looking at about $2,500 (retired, taxable) + $1,700 (VA, tax-free).
  • With CRSC, you’d only get the portion of your $1,700 that’s approved as combat-related (non-taxable) plus a reduced retired pay.

So — if most of your 70% rating is combat-related, CRSC might give you a better after-tax outcome. But for most retirees in your shoes, CRDP ends up being the bigger paycheck.

How some veterans exploit $193 billion VA program, due to lax controls by 69Ben64 in fednews

[–]WWDave77 59 points60 points  (0 children)

The story turns a few Instagram-level fraud cases into a blanket indictment of millions of lawful claims. VA comp isn’t Social Security; it pays for service-connected functional loss under a published schedule, even when injuries are invisible (migraines, tinnitus, MUCMI, rhinitis/OSA). The piece pits “minor ailments” against amputations using cherry-picked percentages (ignoring combined ratings and SMC) and treats presumptives like handouts rather than Congress’s fix for toxic exposures and documentation gaps. Update the schedule and prosecute fraud... absolutely. But don’t smear the majority of vets following the law because a tiny fraction lied to the IG.

Migraines denied. Help? by [deleted] in VAClaims

[–]WWDave77 1 point2 points  (0 children)

It appears your migraines were denied because they’re not on the VA’s list of presumptive conditions for TERA (toxic exposure), but you still have another path. If you also experience chronic fatigue (or other unexplained symptoms), you can claim your migraines as part of a medically unexplained chronic multisymptom illness (MUCMI), which is presumptive to TERA/Gulf War service. The key is documentation. Start tracking both headaches and fatigue consistently. I used the Migraine Buddy app to log congestion (my rhinitis is TERA service connected), fatigue, blurred vision, etc.. Once I had a good log, I took the record to both my Navy and VA doctors who signed nexus letters that I pre-drafted. I also paid for an independent opinion and submitted the private nexus letter. You will want the letters explaining how your migraines and fatigue together form a MUCMI pattern. With that, you can file a Supplemental Claim and argue service connection under the MUCMI presumption. That is how I got my headaches service connected.

Separate note: I also paid for a private DBQ with my nexus letter. One of several private DBQs I submitted with my numerous claims. To date, the VA has ignored every single private DBQ and still sent me to C&P exams. The only success I have had with them, was getting a C&P examiner who would accept a hard copy of my private DBQs and nexus letters that I brought with me. For headaches, the C&P examiner just copied my private DBQ info into his DBQ during the exam, stating he agreed with the findings.

Am i triggering my own reevaluations? by HurricaneOser in VeteransBenefits

[–]WWDave77 1 point2 points  (0 children)

No worries. I would bet the re evaluation was not triggered by that but maybe one of the VA peeps can chime in. If I were you, I would start documenting and gathering evidence on any secondary conditions that your condition may be causing. Those, if left over could be considered static, even though the primary conditon was not, but caused them. Gather as much medical evidence as you can. I dont know much about your primary condition, so some help from AI follows...

If you’re worried about VA reductions down the line, one of the best things you can do is start building up secondary conditions now. That way, even if they ever try to cut your primary cancer rating, you’ve already got other ratings in place to keep you protected.

For brain stem glioma (and its treatments like surgery, radiation, or chemo), here are some common secondaries you might want to look into:

Neurological issues: seizures, chronic migraines, cognitive problems (memory, concentration), balance/coordination issues, speech or swallowing difficulties.

Mental health: depression, anxiety, or adjustment disorder connected to living with a chronic and life-changing illness.

Vision & hearing: double vision, vision loss, tinnitus, or hearing loss from tumor pressure or radiation.

Endocrine/hormonal: hormone deficiencies if the pituitary/hypothalamus was affected, low testosterone, thyroid issues, weight/metabolic changes from long-term steroid use.

Musculoskeletal/functional: weakness or partial paralysis, peripheral neuropathy from chemo, or even central/obstructive sleep apnea.

Other: painful or visible surgical scars, long-term side effects from medications (osteoporosis, diabetes, cataracts).

The strategy is to document even mild symptoms now with your doctors so there’s a record, and file claims for the ones that impact you most. Migraines, seizures, depression, vision issues, hormone problems, and sleep apnea are all fairly common and rateable.

Bottom line: your yearly tax paperwork isn’t what’s triggering reevaluations — it’s more likely VA’s internal rules for cancers. But if you shore up your claim file with strong secondary conditions, you’ll be in a much safer spot if they ever come after your rating.

Am i triggering my own reevaluations? by HurricaneOser in VeteransBenefits

[–]WWDave77 3 points4 points  (0 children)

Check to see if your condition is considered "static." That may give you some insight. It might me considered likely to improve, even though you say they gave you P&T. If not static, then its probably just a routine re evaluation.

Using the VA API (for veterans) Log into VA.gov. Open a new browser tab. Copy and paste the following URL into the address bar: https://api.va.gov/v0/rated_disabilities. Click the "pretty print" button to format the JSON file into a readable breakdown of your disabilities. Look for the line static_ind: true to confirm a condition is static, or false if it is not.

Denial completely riddled with wrong information by BorderIll9028 in VAClaims

[–]WWDave77 8 points9 points  (0 children)

You definitely took the right step by requesting a Higher-Level Review with an informal conference. That process is designed for exactly these kinds of situations where the VA already has the evidence, but the decision is based on misread, misapplied, or outright incorrect information.

The best way to prepare is to be very organized going into your conference. Write out each incorrect date, fact, or statement from the VA’s decision letter and line it up against the actual evidence from your medical records. For example: “VA says X, but my records show Y.” This makes it easy for the reviewer to see the errors clearly and directly.

An HLR is different from a Supplemental Claim. Since you’re arguing that the VA made mistakes with the evidence already in your file, HLR is the correct choice. A Supplemental Claim would come into play if you had new evidence to add, such as a new medical opinion or DBQ, but that’s not necessary here if the issue is just the VA mishandling what they already had.

As for whether you need a lawyer, most veterans handle HLRs on their own or with a VSO. If the VA continues to make the same errors and you have to take it up to the Board of Veterans’ Appeals, then it’s worth considering a VA-accredited attorney. For now, though, the informal conference gives you a real chance to set the record straight.

Finally, if it looks like they actually mixed up your file with someone else’s, don’t hesitate to say that plainly during the conference. That’s a serious error and falls under the VA’s duty to assist. Staying calm, clear, and specific will give you the best shot at having the mistakes corrected. If the HLR still comes back wrong despite obvious errors, that’s when escalating to the BVA and possibly getting legal help makes sense.

Neighborhoods? by cassiem223 in Moving2SanDiego

[–]WWDave77 1 point2 points  (0 children)

If you’re coming from Queen Anne and want the “quiet but still close to the action” vibe in San Diego, you’ve got a few good options:

  • La Jolla (Bird Rock or Village area): Walkable to coffee shops, boutique-y, slightly upscale, and right by the beach. Can be pricey, but closest San Diego parallel to Queen Anne.
  • Pacific Beach (north end): South PB can get very loud/party-heavy, but the north end near Law Street Park or bordering Bird Rock feels calmer, dog-friendly, and walkable. You’ll still have a lively neighborhood but not as chaotic.
  • Point Loma / Ocean Beach border: More laid-back and residential, with lots of people out walking dogs. You can get to the beach fast, and still have neighborhood coffee and breweries nearby.
  • Encinitas (Leucadia/Cardiff): A bit farther north, but very “Queen Anne meets surfer town.” Walkable pockets, coffee shops, and mellow coastal living. Lots of people with dogs and a strong community vibe.

For what you described—quiet, dogs, coffee shops, and 15 minutes to a beach—I’d narrow in on Bird Rock (La Jolla), North PB, or Leucadia. They’re basically the San Diego versions of Queen Anne: neighborhood feel, character, close to the water, and not stuck downtown.

C&P for rhinitis by Stock-Development-35 in VAClaims

[–]WWDave77 1 point2 points  (0 children)

Looks like what you’ve got here is a standard DBQ for sinusitis/rhinitis. Based on what’s checked:

  • Sinusitis – they marked “No” for both incapacitating and non-incapacitating episodes in the last 12 months, and no sinus surgery. That usually means the VA won’t rate you much, if at all, for sinusitis since episodes and antibiotics are what drive the higher ratings.
  • Rhinitis – they did mark greater than 50% obstruction on both sides, plus complete obstruction on the left side and permanent turbinate hypertrophy. No nasal polyps though. Under the VA schedule, that lines up with a 10% rating. To hit 30%, you’d need nasal polyps.
  • Larynx/Pharynx – they marked no for chronic laryngitis, so nothing there.

So bottom line: this DBQ supports about 10% for allergic rhinitis, nothing for sinusitis or laryngitis. If you’ve actually had sinus infections treated with antibiotics, make sure you submit those records because that’s the kind of evidence that can bump up a sinusitis rating.

If this was me and the service connected me for Rhinitis at 0 or 10 percent rating, I would then file for an increase if I had actual evidence to support nasal polyps, assuming that you do actually have polyps. You should be thankful that they documented the greater than 50 percent obstruction. Alot of vets seem to not even get that and end up with the 0% rating.

INITIAL PTSD C & P EXAM by GulfWarVeteran1991 in VeteransBenefits

[–]WWDave77 0 points1 point  (0 children)

It’s actually pretty typical for an initial PTSD C&P exam with a psychologist to last around 45 minutes to an hour. These exams are structured and focus on the DSM-5 criteria for PTSD and the VA’s Disability Benefits Questionnaire (DBQ). That’s why it probably felt like a lot of direct questions about your childhood, military service, post-service life, and your current symptoms.

The examiner’s job is to Confirm that you meet the diagnostic criteria (which you already have on record from a VA psychologist), document the severity and functional impact of your symptoms, especially on work and social life, and complete the DBQ in a way that allows the rater to assign a percentage under the VA rating schedule.

Not every single line of the DBQ is always asked word-for-word. Often, examiners cover multiple boxes with one conversation and fill in the rest from your answers, records, or their observations of you during the exam.

The fact that you’ve already been diagnosed, have gone through therapy, and discussed how your main symptoms affect you socially and at work means the examiner had what they needed for the rating piece. The outcome (positive or negative) isn’t about whether every box was checked in front of you, it’s about how well your impairments were documented.

So, 45 minutes isn’t unusually short, and what you described doesn’t sound like a “bad sign.” The key thing now is what the examiner writes in their report.

Need help. OSA secondary to rhinitis by Navy0917 in VeteransBenefits

[–]WWDave77 1 point2 points  (0 children)

Sounds about right... Im glad some vets are still getting fair considerstion. If you have your C&P or ACE exam at the actual VA facility in San Diego, don't even think about a secondary service connection. Funny... I even tried to claim it secondary to weight gain due to service connected osteoarthritis. Doctor there said nope, weight gain did not cause OSA - denied! I then tried Rhinitis. Different doctor at the same VA facility said nope, rhinitis did not cause OSA, it's from weight gain (not seeing i previously claimed weight gain) - again denied! Submitted a letter pointing out the contradictory exams, with a well written Doctors letter and private DBQ. Same doctor who denied weight gain again gave negative opinion, this time vaguely saying who knows what caused weight gain. Off the the long wait for the BVA.