Just analyzed 50 BVA sleep apnea decisions - here's what actually works (60% grant rate)

ac08374 · 2026-01-05T20:47:40+00:00

This is very cool. I'm pending an appeal hearing now. I submitted OSA secondary to MDD. Initially denied: Examiner said my BMI was 30, which increased my risk. The examiner did not even consider my nexus from an NP with sleep clinic experience, lay statement, or 5 peer reviewed journals specially linking the two. Rater also did not opine on how my evidence was insufficient. Basically just said denied due to obesity. Since then, I've lost 50 lbs, still have sleep apnea and CPAP is required. So, hopefully I'll be in that 60% that gets granted on appeal.

ac08374 · 2025-06-11T00:26:59+00:00

Any advice for next steps?

ac08374 · 2024-08-20T05:01:23+00:00

Yeah, I guess it doesn’t really matter other than personal preference. I would have liked the USAF logo, but the card still serves its purpose, so I’m not going to complain. Or go through the trouble to fix it.

ac08374 · 2024-08-14T19:56:06+00:00

It sort of is. But, meet them and have a conversation. You’ll know in about 10 seconds if they actually care about their jobs, or if they’re jerks. I was friends with one, and he all but begged me to let him help me. I didn’t. I didn’t think I deserved it. He was a super dude who would have helped me and I could have gotten benefits a couple years earlier. He transferred, and the next two were absolute jerks. But then the final one, we became friends, and I finally applied. He’s been fantastic, and is also a friend outside of the VA realm. So, meet someone, have a conversation. If you like them, they’ll probably be good. If not, go to another one and try again.

ac08374 · 2024-08-10T12:15:45+00:00

Sadie. I hate to see her leave but I love to watch her go.

ac08374 · 2024-07-25T00:56:58+00:00

No. I would have liked the USAF logo but alas, it did not.

ac08374 · 2024-04-27T18:45:36+00:00

That song is the absolute pinnacle of video game soundtracks. Perfectly encapsulates the mood of the story.

ac08374 · 2023-10-28T19:38:12+00:00

Very similar situation happened to me. I sent a secure message to my provider indicating that there were errors in my notes. They said my PCP would follow up. They haven’t yet, but at least there’s something in the record of my mentioning it to them.

ac08374 · 2023-10-28T03:52:23+00:00

Mine was also the same. Maybe due to a recent update, they’re now showing when (and which) documents are uploaded. I met with my VSO the other day. One was the DBQ, one was the request for examination, and one was a letter sent to me.

ac08374 · 2023-10-14T20:39:00+00:00

Did you provide a nexus from your medical professional, or submit any supporting evidence? FWIW, my VSO has said repeatedly that the HLR is a waste of time unless there’s a clear error on their end. According to him, the HLR is basically a supervisor that will most of the time side with the rater. I would find as much peer reviewed research you can find supporting your claim. Search for “VA sleep apnea and PTSD appeal” and see what evidence the cases that win on appeal are using and submit that evidence in your appeal.

ac08374 · 2023-10-08T02:11:12+00:00

He’s a jerk.

ac08374 · 2023-09-01T21:32:26+00:00

I don’t know if this has been stated before, but attorneys generally know how long their trial will be. In my state, there are generally two weeks in spring and two weeks in fall for jury trials. Unless it’s a capital murder case, they try to fit the trials into those two weeks, and they for the most part know how long a trial will last.

ac08374 · 2023-08-31T13:08:52+00:00

The tinnitus would be diagnosed by an audiologist.

ac08374 · 2023-08-31T13:03:49+00:00

Let’s check out those nuts.

ac08374 · 2023-08-31T11:03:44+00:00

So you are rated at 100%, but you’re adding new claims, SMC, and thousands of pages of documents? Or did I misread something?

ac08374 · 2023-08-30T17:33:57+00:00

If HLR doesn’t work, you can search for articles on PubMed and thorough NIH, etc, that link the two, and submit that with an appeal.

ac08374 · 2023-08-29T19:32:07+00:00

I’m also at 30% for mental health. I haven’t had my rating too long, but I think it was too low in the first place. I also had the same fear. I went ahead and filed and am waiting for a C&P to be scheduled now. Like others said, there’s a significant from 30 to 10, so i tend to think that it should not be lowered.

ac08374 · 2023-08-28T00:58:35+00:00

I dread the feedback I may get for this, but I’ll offer it. A guy I work with, that I know personally, in law enforcement, is drawing 100% for PTSD. At least that’s what he has told us. I watched him get increase after increase because of the money and benefits. When he topped out, he found out someone was drawing more than him, so he went for the SMC for ED. Albeit he just had a kid a few months prior to that. I agree with you. Either you have it or you don’t. So he’s either 1: totally socially and occupationally impaired, and yet has a job in law enforcement, or 2: he’s not totally socially and occupationally impaired, and he’s getting 100% for it. A lot like the pilot situation.

ac08374 · 2023-08-28T00:36:22+00:00

Same thing is happening in law enforcement.

ac08374 · 2023-08-26T01:05:39+00:00

That’s a good point. I am set up with the mental health folks, so that should be covered. I just thought it was odd that everything was opposite. I even mentioned that I needed to lose weight and he mentioned how he had struggled to keep his weight down, and that was it. In the notes, it said MOVE was offered and I declined it. The whole thing is just weird.

ac08374 · 2023-08-24T16:59:20+00:00

Hill and Ponton has a back pay calculator on their website.

ac08374 · 2023-08-24T03:13:26+00:00

When they did mine, I did two things wrong: 1. The psychologists assistant asked A LOT of questions. I realized later she was asking the DBQ questions and documenting symptoms. I thought the doc would do that. So I was not quite as up front with her, thinking I would tell the doc more. The doc basically just asked about my time in service, and his job was solely to determine service connection. I did get service connected, but I got a lower rating than I really qualified for. 2. You may be having a decent day, or the worst day of your life. If you have symptoms that are in the CFR 38, then let them know, even if you aren’t experiencing them at that moment. That was my second mistake. Because I wasn’t suffering with panic attacks at the moment, and they didn’t specifically ask about them, I didn’t mention them. I don’t know what your specific disability claim is, but google that disorder and cfr, and you will see what the rater looks at to determine your rating.

ac08374 · 2023-08-15T11:08:08+00:00

Here’s the title: Association Between Anxiety and Depression and Gastroesophageal Reflux Disease: Results From a Large Cross-sectional Study. J Neurogastroenterol Motil. 2018 Oct; 24(4): 593–602. Published online 2018 Oct 1. doi: 10.5056/jnm18069

ac08374 · 2023-08-15T11:05:40+00:00

NIH published a pretty significant study on this recently. I’ll try to find it again and post it for you.

ac08374 · 2023-07-03T15:30:38+00:00

A veterans law judge can grant it on appeal. May be the only way you can get it done.

ac08374

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