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Good Evening Everyone,
I’ll make the background story as clear as I can before I get to my situation:
Active Duty 9.5 years, 2006-August 19, 2015.
Six Months after separating, diagnosed with central and obstructive sleep apnea (February 2016).
No previous diagnosis in service, but in 2013 I complained to my doctor about trouble falling sleep, sleep trouble, and starting to snore. He prescribed decongestants to try and open my nasal passages better. I never followed up.
Submitted a claim in May 2016 and included a DBQ, Sleep Study records, and the 2013 doctor’s record mentioned above.
C&P Exam went well, and the examiner opined that my sleep apnea was “at least as likely as not” caused by military service.
Va denied the claim in August 2016. I did not appeal because I had nothing else to provide.
Fast forward to present, and I’ve been realizing that an IMO nexus letter may be all that I was missing. My current doctor will not write one, so I’ve had a couple of emails/calls with Dr. Anaise and Dr. Bash. Both have offered a nexus letter/IMO and said that I should have a decent chance of getting it approved.
My questions are as follows:
1- Dr. Bash mentioned that I should win a CUE based on the positive C&P and the evidence that I provided that I complained of the symptoms in 2013 while still on active duty. Reading about CUEs has me pretty nervous on this, and I don’t want to jeopardize a positive decision just for back pay. Should I pursue a CUE, try to reopen the claim, or just submit a new FDC after receiving the IMO/Nexus letter?
2- Dr. Anaise offered the Nexus letter for about 1/3 of the price. I’ve read that Dr. Bash was expensive but worth it. Do you think it’s worth spending the extra money in this case? Dr. Bash also said he would fill out the DBQ for me.
3- Is it a reasonable goal to go after back pay to the first claim? I figured since I missed the appeals window that I would have no shot, but have seen a couple of success stories on here with CUE or a notice of disagreement.
Read the full thread below
Good Evening Everyone, Ill make the background story as clear as I can before I get to my situation: Active Duty 9.5 years, 2006-August 19, 2015. Six Months after separating, diagnosed with central and obstructive sleep apnea (February 2016). No previous diagnosis in service, but in 2013 I compla...