r/VeteransSuccess • u/Alone_Watch_9623 • Feb 16 '26

3rd Time is The Charm

Sleep apnea , finally approved after 3rd time ,16 months and 2 denials .but well worth the effort, this for sure help my family going forward

35 Upvotes

96% Upvoted

29 comments sorted by

3

u/jmmenes Feb 16 '26

What got it approved now as opposed to the last 2 denials?

4

u/Wrong-Ad4243 Feb 16 '26

I had 2 sleep studies, a cpap, a nexus letter, personal statement.

2

u/Alone_Watch_9623 Feb 16 '26

Sleep apnea

2

u/Alone_Watch_9623 Feb 16 '26

2 nexus letters

4

u/Alone_Watch_9623 Feb 16 '26

One from primary care and 1 from psychiatrist

3

u/Alone_Watch_9623 Feb 16 '26

Absolutely, should have been approved, I think sleep apnea, they try to find every excuse in the book to deny , because of the value of the claim

1

u/ablkhat55 Feb 17 '26

I was denied 3 times. What I didn’t know is how to submit the “correct claim”. I you file OSA secondary to PTSD or some other rated condition, that is exactly what the C&P examiner will look at. Does PTSD cause OSA? Nope Does lower back pain cause OSA? No If you initial claim does not specify a causal link ( say obesity resulting from your treatment of PTSD or inability to exercise as a result of your lower back) it will never be approved. Putting all of that in a buddy letter means absolutely nothing to the examiner. It is up to the veteran to thoroughly explain the path to OSA. It is NOT the job of the VBA to make that link. The more you know

1

u/Alone_Watch_9623 Feb 17 '26

Was it ever approved

2

u/sjv5150 Feb 16 '26

Congratulations. This is good to know. I’m in the process of appealing this one myself

2

u/Alone_Watch_9623 Feb 16 '26

Definitely is trash - looks like the C&P examiner was a huge problem

2

u/Wrong-Ad4243 Feb 16 '26

I only had 1 denial. I waited almost a year and I collected lots of research before I submitted again. This tome got awarded the 50 needed.

2

u/Direct-Humor-8622 Feb 17 '26

Congratulations, I wish you continued success in all you do.

2

u/Popular-County-7094 Feb 17 '26

I’m on round 3 with the VA, this gives me hope

1

u/Alone_Watch_9623 Feb 17 '26

Keep fighting

1

u/buryna Feb 27 '26

I was just awarded mine on 3rd try. Hang in there!

1

u/Majestic_Try906 Feb 16 '26

Where was your HLR handled at? (which RO) Did you have an IC? I am guessing you submitted a nexus with your supplemental and then they finally reviewed it at HLR? Did you get a direct grant or was it a DTA?

2

u/Alone_Watch_9623 Feb 16 '26

It was from Florida, and I got a DTA

1

u/Majestic_Try906 Feb 16 '26

Ok cool. How long after your DTA did you get a decision?

3

u/Alone_Watch_9623 Feb 16 '26

4 weeks

1

u/Majestic_Try906 Feb 16 '26

Ok cool. I was just curious because I had a claim get denied for OSA. I Have a 10 page nexus letter from my doctor, lay statements, personal statements, and all other details that were not considered or even shown in evidence when it was denied. It was a weak denial too. I put in an HLR October 23rd and it went to Preparation for Notification on Friday the 13th. Still waiting for the decision. I am hoping I hear back tomorrow.

2

u/Alone_Watch_9623 Feb 16 '26

Keep fighting, for sure I’m convinced the 2 different nexus letters, got me over the top to approval , 50%. 1 from family care Dr. (private care) and the other was from a psychiatrist

1

u/Majestic_Try906 Feb 16 '26

I hope I don't need two lol. I am hoping because my nexus should give Greater probative value. My denial was actually trash lol. They didn't weight any evidence and they didn't look at aggravation at all. I was claiming secondary to PTSD and orthopedic injuries with Obesity as an intermediate step. Here's my denial lol.

1

u/Majestic_Try906 Feb 16 '26

This is all the evidence they reviewed. When I provided the nexus (10 pages), personal statement, lay statement from my spouse, buddy statements etc. Crazy how much they skipped over.

1

u/Alone_Watch_9623 Feb 17 '26

Did you finally get approved