Errors in my Original Claim?
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In Aug 2019, I filed a claim for Tinnitus and Sleep Apnea, the latter of which I had recently been diagnosed with. I only filed because I had a baby coming and was buying a house, and on my realtor's advice, I used those circumstances to push for a quick decision. I received a letter dated 9/16/19 asking me to complete the application for benefits, and I received a decision letter on 9/30/19 denying service connection for sleep apnea. At least it was quick! My baby came a month later, and COVID hit a few months after that, so appealing the decision fell through the cracks.
I'm in the process of preparing a new claim for additional conditions, and I know that Sleep Apnea is a secondary condition to at least one of those, but in reviewing my original decision letter a few things are looking off to me.
Decision Timing - My realtor was pulling strings on her end, and I felt and still do feel like someone along the food chain didn't appreciate being pressed for a decision. Two weeks is really fast for a denial that one could easily appeal.
Evidence - There's a Military Discharge Medical Exam, dated September 11, 2001 cited. I know damn sure I didn't go to medical that day, and that wasn't anywhere near my discharge date.
Reasons for Decision - They denied service connection since the condition "neither occurred in nor was caused by service." and listed my childhood adenoid removal as favorable evidence for their decision. They never addressed the "aggravation of the disability in service" portion, nor the fact that I wasn't diagnosed with Sleep Apnea prior to service. Even if I had it prior to service, it clearly got worse since I now have to use a C-PAP.
My question is: Does this look like an erroneous decision, and if so, is it even worth appealing on that ground since I can claim it as a secondary condition to TBI, PTSD, etc.?
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