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The Department of Veterans Affairs (VA) has published proposed regulations to establish presumptions for the service connection of eight diseases affecting military members exposed to contaminants in the water supply at Camp Lejeune, N.C. The presumptive illnesses apply to active duty, reserve and National Guard members who served for no less than 30 days at Camp Lejeune between August 1, 1953 and December 31, 1987, and are diagnosed with the following conditions: adult leukemia, aplastic anemia and other myelodysplastic syndromes, bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin's lymphoma, and Parkinson's disease. The 30-day public comment period on the proposed rule is open until Oct.10, 2016.

http://www.military.com/daily-news/2016/09/10/vets-poisoned-at-camp-lejeune-inch-closer-to-va-benefits.html?ESRC=eb_160912.nl

OK, Sorry, I was looking at the "completely separated from the Air Force since October 2015" as being out for less than a year.

If he isn't using a CPAP I suggest that he go to VA and request one based on the previous sleep study. VA will issue a CPAP based on a non VA sleep study. If they won't issue one he should request another sleep study. Since he had the diagnosis while on active duty he shouldn't have any problem getting service connected. A current sleep study should also be sufficient since I believe you said he has been out for less than a year. I was just service connected for OSA 11 years after retirement and the diagnosis/sleep study was 7 years after retirement. I had a nexus letter from my non VA doctor stating that it was more likely than not that I had OSA while still on active duty. That, and surgery for a deviated septum while on AD was cited in the decision letter.

Thanks Buck....I think the only thing I'll get here is a property tax exemption for my house and 2 vehicles. I am divorced so none of the spouse benefits apply to me and my children are grown. I am over 65 so I don't think I'm eligible for the life insurance but I'll check again. I already have a permanent fishing/hunting license (over 65). The tax exemptions will save me a lot of money. My taxes are high even though I'm over 65. I'm retired Army so I already have an ID card. I got a lifetime national park card ($10) when I turned 65, I will have to check on state park benefits...I believe South Carolina state parks are half price for anyone disabled.

I just checked eBenefits and I've been awarded 50% for sleep apnea on appeal (DRO review). Everything else on appeal was denied except deviated septum 0% but the 50% got me to 100% P&T. I got the sleep apnea service connected with a nexus letter from my non VA doctor stating that it was more likely than not that I have had sleep apnea as long as my HGB has been elevated. History - my HGB had been high for at least five years before I retired. It was always high when I went to VA for the routine exam and the NP always said "don't worry about it". I was taking the VA lab results to my non VA doctor and she kept telling me that we need to find out what the problem is. She sent me to a cancer clinic and everything was OK. She then had me wear an oxygen monitor overnight. It showed that my oxygen level was dropping into the low 80s. I didn't want to, but she insisted that I go for a sleep study and I was diagnosed with sleep apnea (5 years after I retired). I went to get a CPAP from a civilian company but I couldn't wear the mask because of a skin cancer on my cheek. I had surgery for the skin cancer and during the healing I went back to VA for a routine exam. The NP told me that I could get a CPAP through VA even though the sleep study was done outside VA. VA issued the CPAP and my HGB has been normal since I started using it. I also had a statement from my son about my loud snoring and stopping breathing. I hope this information helps someone.

According to eBenefits everything was denied except sleep apnea. That 50% got me to 100%. I am happy...no more claims, no more appeals and it was all decided at the RO level. I didn't have to appeal anything to BVA.

Thanks to all who responded. I just checked eBenefits and it says I am 100% total and permanent. The benefit letter has the information shown below. Does anyone know when the monthly award amount will change to $2906? Will I receive a letter with the same information when I get the decision letter? Can I use the eBenefits generated letter to take to the county auditor to get the property tax exemption? You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 100% Your current monthly award is: $1743.48 The effective date of the last change to your current award was: April 1, 2016 You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes

She just said she wanted to know if I had any other evidence to submit. When I asked her if she needed anything else I told her no. I see that you claimed 5th metatarsal fracture. I was just awarded 10% for the same thing and an additional 10% for nerve damage in the foot which I didn't file a claim for. The C&P examiner said I had nerve damage when she completed the DBQ.

No, I didn't request a hearing. I didn't know that was an option. The VSO didn't mention it. He just said to check DRO review box. Oh well, I guess I'll know by the end of next week if I have to appeal to BVA.

Thanks Buck, I hope so. So, it's not unusual not to have a hearing?

I received a telephone call from a DRO this morning....unfortunately I was at Walmart and had a hard time hearing her so I didn't ask her many questions. She said they had combined all three appeals and should make a decision within a week. She said it looked like I did a good job submitting evidence and she didn't think she needed anything else unless I wanted to submit something else. I asked her if she had the nexus letter from my doctor reference sleep apnea and she said she did. I have read a lot about DRO hearings on this and other sites. Is it unusual not to have a hearing? Do they usually call the veteran directly and not go through the VSO?

Yes, that's likely what they are doing. I had a C&P and the NP conducting the exam contradicted the existing medical evidence in my STR and civilian medical records. The rater requested clarification from a more qualified doctor and he concurred with the existing medical evidence and said the claimed conditions were at least as likely as not service connected. .

My claim closed on 23 June and I received the decision letter on 27 June. I guess it depends on the RO and how motivated the employees are.

If you have been prescribed one and don't use it you are more than likely harming yourself. That may be why VA just changed the regulation to say that you don't have to use it. If you die they don't have to pay you any longer and have more money for bonuses. To answer your question...no, you don't have to use it. The last bullet in the change states that. Evaluate sleep apnea using the criteria in 38 CFR 4.97, DC 6847 (sleep apnea syndromes (obstructive, central, mixed). When determining whether the 50-percent criteria are met, the key consideration is whether use of a qualifying breathing assistance device is required by the severity of the sleep apnea. There are two related considerations · what devices qualify, and · whether use of a qualifying device is necessary. On the question of what qualifies as a breathing assistance device, the DC lists a continuous positive airway pressure (CPAP) machine as an example. Other qualifying breathing assistance devices include: · other positive airway pressure machines (automatic positive airway pressure device (APAP); bilevel positive airway pressure device (BiPAP)). · nasopharyngeal appliances (nasal dilators; nasopharyngeal stents) · oral appliances (mandibular advancement devices (MAD); tongue-retaining mouthpieces), and · implanted genioglossal nerve stimulation devices. Note: Positive airway pressure machines may also be called non-invasive positive pressure ventilation (NIPPV) or non-invasive ventilation (NIV). On the question of whether sleep apnea requires use of a breathing device, there are two important and related points · Use absent a medical determination that the device is necessary does not qualify. The regulation requires that the device be necessary and this is a medical question. · If the competent medical evidence of record shows that use of a qualifying breathing assistance device is medically required, the fact that the claimant is not actually using it as prescribed is not relevant.