Yes I did. My follows up with this specialist do not happen back to back. I had three studies conducted two confirmed the central apnea, the third test was for narcolepsy, the fourth was him trying a dosage of triazolam, and since that did not work he is discussing the CPAP. Each of my appointments take about 2 months to get into see him if not longer. Central apnea is different than OBS it is not as common so he tried the pill first and now we are going towards the CPAP. Without a CPAP I should have been rated 30% and later I could have filed for an increase once I recieved the CPAP for the 50% rating.
Proposed ratings and I'm angry!
- Thread starter Chris_USMC_E6
- Start date
Yes I did claim the central apnea as disability, and the VA is trying to tell me that my central sleep apnea is not service connected.
I'm waiting on the 199 from the PEBLO, should be any day now. The VA faxed me the proposed ratings, and that is where I discovered they were stating it was not service connected. The same with 9 other items that are in my medical records. The biggest percentage item is the apnea. I'm submitting all the evidence I can to ebenefits for the final review, hoping for the best but expecting the worst.....I mean I'm already getting bent over and I'm not even out yet!
I'll find a way to have any of the other conditions to be found unfitting and proceed with a VARR -- this will be the only chance you'll have to be re-rated by VA and perhaps have a CPAP issued then or the very least have the 30% added for the apneas as is.
I'm gonna have to discuss some of this with legal. The biggest issue is that I have tentative offer for a job in November and if this drags out to be longer than it should I will be screwed and jobless. Legally there is no way they can say the stuff is not service connected if it is listed in my medical records can they? The CPAP will come sooner or later I will just have to file for an increase. I'm sort of playing Russian roulette with decisions if I press the FBoard with a VARR it could go on for months. If I get out, take the job, and fight the VA it could take just as long.....but I'll be getting paid at least? hmmmmm decisions like these are the worst.
Yes it's a gamble either way. I will say it's easier in a sense to fight while you're still in. As you can see from my signature I appealed at every opportunity and it took 27 months. From the informal board all the way through my appeal to the Secretary of the Air Force Personnel Council I was told my heart condition was not service connected. It didn't get fixed until my VARR. I have other conditions that were considered not service connected that were also not considered unfitting that I still have to fight from the outside. So yes it's very possible for them to say something isn't service connected even with the medical documentation, doesn't make it right though.
Good luck with your decision.
You would think with all the crap the VA is going through they would except black and white. I'm not looking to get a percentage off made up stuff. I told the PEBLO to give me my medical record and I literally, went through the record and wrote anything that has ever occurred to me while in service CONUS and OCUNUS combat deployed.........this is the stuff that makes vets go crazy because of the VA.....
Update on ratings. I have to go formal now. 20% DoD/ 80%VA. They found my back unfitting at 20% and listed my shoulder as Cat 3 Fit? This is alarming because the VA rated my shoulder 20% for a bad labrum tear, bicep tendonosis, with instability that has notes regarding the requirement of surgery to repair it. I'm a USMC Military Police Officer how is a shoulder injury that is bad not unfitting? If I was deployed or working the road my shoulder would worry me. Ontop of that I was not able to conduct my PFT because of my back and shoulder and the same with the CFT so how the heck do they figure this crap is fit?????
Can I get other items listed as unfit and rated by the VA since now I'm planning on requesting a formal board?
Pretty much irritated at this point. The PCM and Specialist have both stated between my back and shoulder I'm going to need 3 surgeries when I get out. As an MP and in the Marine Corps which requires pull ups and ammo can lifts for the fitness test the shoulder should have been unfit. The doctors medical assessment included this information. I'm certain the board just low balled me to see if I would take the offer and run with it.
Hello again, I'm looking into some advice. My formal board date is 24 Jan 2016, but due to me having a nice government job that I have to start by March 20th, 2017 I will most likely have to take my severance and walk in order to be processed out in time. My current rating from DoD is 20% DDD as a cat 1 condition/Labrum Tear right shoulder cat 3 with a VA rating of 20% and a total VA rating of 80%. If I have to take the severance and walk can I file PDBR and have the Cat 3 reviewed and over turned for medical retirement? I was shocked at the shoulder not being cat 1 because I require two surgeries to repair the damage done. I'm a MP in the Marine Corps with almost 10 years of service.
Jason Perry
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No, the PDBR is not an option for you (it is time limited for claims of members separated between Sept. 11, 2001 and Dec. 31, 2009). For an appeal, you would look to the Board for Correction of Naval Records or by filing suit in Federal Court.
Thanks for the input Perry. For the Board for Correction of Naval Records, how does this process work and how would I initiate this step once I separate. I would take the formal but if the board takes months to return their decision I could loose a very good job I fought for months to earn.
Mr. Perry I PMed you some questions, thanks for the clarifications!
You can upload more current records to the VA before you even get discharged?
Yes you can upload additional evidence via the upload document option for the claim. The rating you receive from the VA is a proposed rating and the additional evidence and current evidence has to be reviewed by a high certifying official from the VA. Some items might be increased or another C&P exam might be scheduled later for additional service connections that were not addressed for the first claim. The VA reviewers know that the evaluators are not the greatest and they check the work before approval for the final rating.
I found a major error on my IPEB results. Not including my shoulder, just for my back I was referred for M54.4 Lumbago with sciatica and M51.2 Other thoracic, thoracolumbar and lumbosacral intervertebral disc displacement. I was rated by the VA for sciatica at 10% from the VA and 20% for the DDD. No where was there any mentioning of the sciatica rating from the IPEB on my 199. This should of been added for my unfitting back condition labeled as DDD. What can be done to correct this issue?
Can someone please verify this? From my understanding the sciatica should have been a separate rating since it was a referred condition for the MEB board.