records of a sleep study and was notified as such. Yet, during my evaluation, the VA did not

request its own files and subsequently denied my condition. I had brief apneas but did not require

a machine = 30 percent. They also denied service connection for the other conditions despite at

least 12 instances within my service records requiring treatment. The sinusitis was later

confirmed in 2009 via an MRI as were the polyps from allergic rhinitis. The next year I was

given a CPAP machine.

Rubber, meet Road. In 2010, I put the whole claim together with a little documentation help

from law school and “The Little Book on Legal Writing.” To see what I mean, here are the first

couple pages of my disability claim. I called the Fargo VA for the actual sleep study from 1998.

While on the phone, the FOIA guy at the VA faxed the records to me (that was the morning of

my recent VA examination – don’t wait to the last second like I did). The records verified my

apneas. I was also able to find Congressional Reports about the conditions of the dormitories we

lived in while at tech school – there were issues of asbestos and leaking sewage along with

outdated HVAC systems blowing particles around. I immediately came down with sinusitis and

pneumonia after arrival. I included this documentation in case I come down with certain cancers

down the road.

Armed with the report, my medical records and a typed summary, I went to the exam. The first

appointment was with an Ear Nose and Throat doctor. He said the VA already conceded service

connection but he needed to find out how many episodes I have every year. I handed him my

documentation. While he did not read over the documentation in full, he most likely referred to it

after the meeting while filling out his exam notes. This is key, especially if the examiner did not

take good notes while in the meeting or forgot some key point that you mention. The summary

you hand him may be the difference between a 10 or 30 percent.

My second evaluation was for sleep apnea. I showed the doctor my current diagnosis along with

the former diagnosis while I was in service. She took the time to read over my summary, which

explained how the VA missed my earlier diagnosis. Since I had the old sleep study exam with

me, she was able to clearly tell that I had sleep apnea while in service. Because of the way my

documentation was set out, she told me on the spot that she was going to tell the VA I had sleep

apnea in 1998. This could result in a decision for retroactive pay if I can prove VA committed a

Clear and Unmistakable Error during their 2001 denial.

Release of Information: VA Claims Investigation

For you. After you file your claim, VA will send a letter verifying receipt of your claim and

notifying you of the information they need. This will include release forms they will need you to

fill out in order to request files from civilian doctors you have seen. Be sure to read everything

very carefully. Sometimes the dates can be wrong or VA might be asking for the wrong

information. In addition, you may have better luck getting documents from doctors than will the

VA. When you forward medical release letters to civilian medical providers for their records, be

sure to follow up with a phone call to ensure they understand what you are requesting, especially

for psychologists. Leave n