Looking for Input: OSA Secondary Claim Denied After ACE Exam, Nexus Discounted. Anyone Have Advice?
Looking to see if anyone has run into something similar with their VA claim.
I filed for OSA as secondary, based on aggravation from an already service connected condition. I submitted what I thought was a strong package: Nexus letter, two buddy statements, my statement, and a Mayo sleep study confirming diagnosis. I’m also prescribed and using a CPAP.
VA sent it to an ACE exam instead of scheduling an in person C and P. The examiner, who shows zero years of experience, denied it and essentially overrode my Nexus letter. The rationale focused on saying my condition wasn’t caused by service, which doesn’t really address the aggravation argument I made.
I also identified about six procedural errors. The biggest one is that, from what I understand, VA policy doesn’t support using an ACE exam if they don’t have your service treatment records. In my case, I actually have a VA letter stating my STRs couldn’t be located, yet the decision says they were reviewed.
I filed for a Higher Level Review about two months ago and am waiting.
Has anyone had a similar experience with ACE exams being used like this or Nexus letters being discounted in this way?