Sleep Apnea

[fedtech]

I went and had a sleep test done and the results showed I stopped breathing 103 times an hour for a durration of 15-27 seconds. If you figure that up I don't breath about 36 minutes an hour. My oxygeon level drops down in the 70's. The Army came out with a regulation in AUG 2003 and said if you have sleep apnea and it could not be corrected you would get a medical discharge. The National Guard discharged me due to that and as a result since I was a Full Time Federal Technician for the National Guard the Federal Employee Branch put me out on a disability retirement.

I am drawing a monthly retirement from the Federal Branch for disability. I had 22 1/2 years time since I bought back my Marine Corps time. I had 27 years military service in the Marine Corps and National Guard. Monday though Friday I wore the uniform and worked for the Indiana National Guard. On weekends I was a traditional Soldier So I had two incomes.

The VA says i am not disabled. I have been fighting them for over four years now. They say even tough I might have worked full time Mon-Fri as a Technician I was only in the service 39 days a year and the Sleep Apnea is not service related. The stipulation on my Tech job was that I had to be affiliated with the National Guard and when they kicked me out I lost my job.

I asked the VA to write me a note and tell the Federal Government I was not disabled and let me go back to work. They didn't see the humor in that. The Tech job for the Electronics slot is only paying $28 an hour.

The Fedearl Technician Branch say I am disabled and paying me a disability retirement, the National Guard discharged me because of Sleep Apnea. The VA says I am not Service Connected. Two agencies against one and I am in the middle.

How can I show a Service Connnection. I served the Government in uniform for 27 years. It is in my Medical Records about the test results. I have the letters from the Military Dept of Indiana Medical Branch showing I have Sleep Apnea and discharged me.

Somewhere in the 27 years I belonged to them I got Sleep Apnea. How can I get the VA to pay?

I also have Acute Achillius Tendonitus in both ankles from either preparation for or running the APFT each year. It was in my annual medical records. I can't even climb a ladder or go up several fights of stairs without my ankles hurting the next day. The VA said it is not Service Related. I don't know of anyone that could go out and just run an APFT each year and not prepare for it. The VA say that is not Service Connected.

I was expected to be ready each drill weekend and do my job according to Army Regulations. If they say I was only in the Military 39 days a year that doesn't make sense to me. My hair grew between drills and I had to get it cut before each drill to meet regulations, wouldn't jogging be the same in preparation for a APFT be the same? I had to maintian some sort of fitness

Does anyone have any ides on how to connect these to service

Thanks

FEDTECH

[mags1023]

FEDTECH: Welcome to Hadit. You say you bought back your years in the USMC. You were active duty hen, correct? Is there anything in ytour SMRs from the USMC that you can use? Your case is definitely unique. Do you have a VSO? Not sure where you are, but there may be a good one that can help you. But, as you will see on hadit, the good ones are few and far between. We need to get them to service connect you for some of these problems and then go from there. I would imagine you have some depression from your sleep conditions and the achillus tendonitis. That would be something you could explore if they would service connect one of your conditions. I think you will eventually prevail through the appeals process, but could take a while. Good luck.

[sharon]

The National Guard is run by the state or territory unless in times of war. Well we all know who runs them at the present time, but the Governor still has control.

M21-1 Part IV

10.03 NATIONAL GUARD SERVICE (38 CFR 3.6© & (d) and 3.7(m))

a. General. The Army National Guard and the Air National Guard operate full-time operational and support programs similar to the Ready Reserves. However, section 101(22) of Title 38, United States Code, provides separate definitions of "active duty for training" for Guard personnel and Reservists. While the definition for Reservists permits the interpretation that full-time duty for purposes other than training is active military, naval or air service, the definition for Guard personnel does NOT permit this interpretation. Therefore, full-time operational/support service performed by Guard personnel in ACDUTRA status does NOT qualify as active duty for purposes of VA benefits UNLESS the member or former member has a service-connected disease or injury that was incurred or aggravated during the ACDUTRA period.

EXCEPTION: See paragraph 23.06 for special provisions as to basic eligibility for Loan Guaranty benefits.

b. Qualifying Service

(1) Service Under Title 10 U.S.C. If the Guard unit or the member individually is "activated" under the authority of Title 10 U.S.C., members who report for active duty (service characterized as Federal Active Duty) have qualifying service for Title 38 purposes until deactivated. In some cases a member may be ordered to active duty for training under the authority of 10 U.S.C. 672(d) which constitutes "active duty for training" for Title 38 purposes. If an individual's orders specify activation to temporary duty under Title 10, further development regarding the purpose of the activation is not needed unless there is evidence in file showing the purpose of the activation was to train the individual. The order to Active Duty MUST state that service is under Title 10 U.S.C.

(2) Service Under Title 32 U.S.C. Full-time National Guard service is "active duty for training" under 38 U.S.C. 101(22)© if performed under 32 U.S.C. 316, 502, 503, 504 or 505. This is true regardless of whether the member is performing operational duty or is undergoing training. Operational duty includes, for example, AGR (Active Guard Reserve) and ADS (Active Duty Support) service. National Guard service does not meet the definition of "active military, naval, or air service" in 38 U.S.C. 101(22) unless the member or former member is service disabled and therefore subject to an exception outlined in 38 U.S.C. 101(24) or 106(:D(3).

(a) The terms AGR and ADS apply to Guard personnel as well as to Reservists serving in these capacities.

( Since 1964 there has been authority under 32 U.S.C. 502(f) to assign National Guard members who provide full-time support to the Reserve components to full-time operational duty even though they are not activated.

(3) Service Verification. The type of National Guard service should be identified on the DD 214. If the information is not indicated on the DD 214, develop with the appropriate component listed in part III, chapter 4. On the 202 Screen in BDN, in the ADDITIONAL INFORMATION FIELD, specifically ask whether the orders stipulated service under Title 10 or under Title 32. If the DD 214 or the response to development with the service department indicates that service was under both Title 10 and Title 32, Title 10 service applies.

c. Discharge for Disability. See paragraph 10.01a(2) and 38 CFR 3.6(a) for the definition of the term "active military, naval or air service." If a person is injured while performing "active service" in the National Guard and the injury is compensable, this person meets the definition of "veteran" if the person was discharged or released from "active service." As used in this definition, the term "released" means return to civilian status even though not relieved from possible liability to serve at a future time (38 U.S.C. 101(2)). The individual does not have to be discharged or otherwise separated from the National Guard. The VA must determine under 38 CFR 3.12 if the individual, for the period of “active service” in which the injury occurred, was released under conditions other than dishonorable. The individual may have a different character of discharge for each “active service” period or for their entire guard service. To grant compensation, the injury must have occurred during an “active service” period that was under conditions other than dishonorable. (see VAOPGCPREC 6-2004)

[fedtech]

FEDTECH: Welcome to Hadit. You say you bought back your years in the USMC. You were active duty hen, correct? Is there anything in ytour SMRs from the USMC that you can use? Your case is definitely unique. Do you have a VSO? Not sure where you are, but there may be a good one that can help you. But, as you will see on hadit, the good ones are few and far between. We need to get them to service connect you for some of these problems and then go from there. I would imagine you have some depression from your sleep conditions and the achillus tendonitis. That would be something you could explore if they would service connect one of your conditions. I think you will eventually prevail through the appeals process, but could take a while. Good luck.

[fedtech]

I went and had a sleep test done and the results showed I stopped breathing 103 times an hour for a durration of 15-27 seconds. If you figure that up I don't breath about 36 minutes an hour. My oxygeon level drops down in the 70's. The Army came out with a regulation in AUG 2003 and said if you have sleep apnea and it could not be corrected you would get a medical discharge. The National Guard discharged me due to that and as a result since I was a Full Time Federal Technician for the National Guard the Federal Employee Branch put me out on a disability retirement.

I am drawing a monthly retirement from the Federal Branch for disability. I had 22 1/2 years time since I bought back my Marine Corps time. I had 27 years military service in the Marine Corps and National Guard. Monday though Friday I wore the uniform and worked for the Indiana National Guard. On weekends I was a traditional Soldier So I had two incomes.

The VA says i am not disabled. I have been fighting them for over four years now. They say even tough I might have worked full time Mon-Fri as a Technician I was only in the service 39 days a year and the Sleep Apnea is not service related. The stipulation on my Tech job was that I had to be affiliated with the National Guard and when they kicked me out I lost my job.

I asked the VA to write me a note and tell the Federal Government I was not disabled and let me go back to work. They didn't see the humor in that. The Tech job for the Electronics slot is only paying $28 an hour.

The Fedearl Technician Branch say I am disabled and paying me a disability retirement, the National Guard discharged me because of Sleep Apnea. The VA says I am not Service Connected. Two agencies against one and I am in the middle.

How can I show a Service Connnection. I served the Government in uniform for 27 years. It is in my Medical Records about the test results. I have the letters from the Military Dept of Indiana Medical Branch showing I have Sleep Apnea and discharged me.

Somewhere in the 27 years I belonged to them I got Sleep Apnea. How can I get the VA to pay?

I also have Acute Achillius Tendonitus in both ankles from either preparation for or running the APFT each year. It was in my annual medical records. I can't even climb a ladder or go up several fights of stairs without my ankles hurting the next day. The VA said it is not Service Related. I don't know of anyone that could go out and just run an APFT each year and not prepare for it. The VA say that is not Service Connected.

I was expected to be ready each drill weekend and do my job according to Army Regulations. If they say I was only in the Military 39 days a year that doesn't make sense to me. My hair grew between drills and I had to get it cut before each drill to meet regulations, wouldn't jogging be the same in preparation for a APFT be the same? I had to maintian some sort of fitness

Does anyone have any ides on how to connect these to service

Thanks

FEDTECH

[workingidenticalissue]

your need a sleep study. ducmentation of any colds, GERD, IBS, acid reflux, heartburn, cervical DJD or DDD, lung or chest injuries, any brochitis, pneumonia

You have two or 3 types of sleep apnea

[shamrock]

I believe you are confused as to the purpose of the VA. You need to separate your federal job from your nat. guard job even they both are in the same building. First if you were a civilan tech. You should not have been wearing your uniform during the week, that is a federal job. AGR soldiers wear their uniform during the week. I remember serveral years ago the higher up people wanted the civilan tech. to wear uniforms during the week, but that was overuled and never put into effect. Your nat. guard is during only 1 weekend a month except for summer camp or a weekend of extra guard duty a couple of times a year. If your sleep apnea was determined to be bad enough, then the medical retirement from federal service was correct. The only way to get va comp. with sleep apnea is if you had it during yours active duty years, it was in your medical records and you filed a claim within 6 months of leaving active duty. The va will not give comp. for injuries reported during nat. guard drill unless it is something like the building falling in on you or a very serious no fault nonpreventable injury. As for your ankle, the va will not pay comp. for that either. Even thought the pt is required once a year, the preparing for it is done on your time not the nat. guard time. And as you said this injury occured over time, there is no way to prove it was the nat. guards fault. As with the sleep apnea and ankles, this happens to all of us as we get older. There is no way to show fault of the guard. This is just part of getting older, your body parts start to wear out. I read that your age is around 50 and around then is when the body starts to show ageing. Awhile back sleep apnea was the number 1 medical reported illness. I don't see how you can make the connection that your guard injuries are covered by the va, maybe wrong.