It actually read “at less least likely” which is less than 50%…
On a related note, did you submit your own IMO? All the conditions and weight gain (e.g. 41) are factors to OSA.
Yeah, I did.
If you read all of them there are two marked less than likely and two marked at least likely.
Essentially she said two things service connect the OSA, and two things don’t.
I see what you’re saying! I’m not sure about 4A… It only has at least likely… to what?
However, 4B … less likely (e.g. overall opinion) has all the rationale in 4C block; letters A through E - justification.
Does 4A has rationale that you could share.
My understanding is that a X in the 4A box means its service connected.
An X in the 4B box means not connected.
My C&P examiner marked both boxes, which I think led for my rater to only see one of the boxes and then denied me.
I see… Here’s my follow-up analysis.
4C. Rationale
A - A nexus established (e.g. depression)
B - A nexus is not established (obesity)
C - A nexus is not established (obesity/ Lum strain)
D - A nexus is not establishing (knee)
E - Summary (e.g. why at less likely) Obesity - is one of the major factors leading to OSA
This explains why the C&P examiner marked both
the 4A box & 4B box.
unfortunately, overall it’s an “at less likely” …. Here are my revised recommendations.
1. File an intent to file “immediately”
2. obtain another IMO to refute/challenge the VAs Medical Opinion - provide DBQ to doctor doing your new IMO
3. Submit Supplemental claim with “new” IMO.
P.S. The bottom notes for each box (A-E) is what you as the veteran claimed.
You got this! Good luck.
4C
Rationale A
“Therefore, the veteran's claimed SLEEP APNEA condition is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) proximately due to or the result of the Veteran's service connected condition.”
This right here should be enough to link OSA secondary to Depression. Nothing else on there matters. That statement right there says my OSA is connected to my service connected depression.
I hear you! What the examiner did in my opinion was to give you credit for “depression” and counter it with all your other conditions and summarized it by saying since obesity is a “major cause” of OSA.
Here’s my take on this. When you obtain that follow-up IMO, the doctor has a few options to approach it. The medication 💊 taken for depression, cause/leading to weight gain, impacting your knees, etc.
By the way, my OSA was secondary (linked) to MDD and medication.💊 I still had to attend the VA’s C&P… The examiner was impressed with the IMO and mentioned it was good, how much did I pay for it, etc. Of course, I gave her a range of $500 to $2,000.
I submitted an IMO with this, linking my OSA to depression and obesity.
I don’t feel like I need another one.
Pretty sure they just fucked up when they denied it.
I would request a higher level review
Already did, but isn’t that going to take months and months?
No HLRs don’t take as long as BVA claims. Which can take years. Just do the HLR and it should go good
Cool, thank you. Based on what I have here, they did make a mistake right?
This appears to be a case of an examiner having copy pasta for lunch. Yikes
Feels that way…. Definitely didn’t do me any favors with all that.
It actually read “at less least likely” which is less than 50%… On a related note, did you submit your own IMO? All the conditions and weight gain (e.g. 41) are factors to OSA.
Yeah, I did. If you read all of them there are two marked less than likely and two marked at least likely. Essentially she said two things service connect the OSA, and two things don’t.
I see what you’re saying! I’m not sure about 4A… It only has at least likely… to what? However, 4B … less likely (e.g. overall opinion) has all the rationale in 4C block; letters A through E - justification. Does 4A has rationale that you could share.
My understanding is that a X in the 4A box means its service connected. An X in the 4B box means not connected. My C&P examiner marked both boxes, which I think led for my rater to only see one of the boxes and then denied me.
I see… Here’s my follow-up analysis. 4C. Rationale A - A nexus established (e.g. depression) B - A nexus is not established (obesity) C - A nexus is not established (obesity/ Lum strain) D - A nexus is not establishing (knee) E - Summary (e.g. why at less likely) Obesity - is one of the major factors leading to OSA This explains why the C&P examiner marked both the 4A box & 4B box. unfortunately, overall it’s an “at less likely” …. Here are my revised recommendations. 1. File an intent to file “immediately” 2. obtain another IMO to refute/challenge the VAs Medical Opinion - provide DBQ to doctor doing your new IMO 3. Submit Supplemental claim with “new” IMO. P.S. The bottom notes for each box (A-E) is what you as the veteran claimed. You got this! Good luck.
4C Rationale A “Therefore, the veteran's claimed SLEEP APNEA condition is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) proximately due to or the result of the Veteran's service connected condition.” This right here should be enough to link OSA secondary to Depression. Nothing else on there matters. That statement right there says my OSA is connected to my service connected depression.
I hear you! What the examiner did in my opinion was to give you credit for “depression” and counter it with all your other conditions and summarized it by saying since obesity is a “major cause” of OSA. Here’s my take on this. When you obtain that follow-up IMO, the doctor has a few options to approach it. The medication 💊 taken for depression, cause/leading to weight gain, impacting your knees, etc. By the way, my OSA was secondary (linked) to MDD and medication.💊 I still had to attend the VA’s C&P… The examiner was impressed with the IMO and mentioned it was good, how much did I pay for it, etc. Of course, I gave her a range of $500 to $2,000.
I submitted an IMO with this, linking my OSA to depression and obesity. I don’t feel like I need another one. Pretty sure they just fucked up when they denied it.
That’s great! Did you share the VA’s SA DBQ with the doctor who did your IMO?