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OEF 21B

Second Class Petty Officers
  • Posts

    72
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About OEF 21B

Profile Information

  • Military Rank
    LTC
  • Location
    TX
  • Interests
    Crappie Fishing & Bass Fishing

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USMC & U.S. Army
  • Hobby
    Crappie Fishing & Bass Fishing

Recent Profile Visitors

1,664 profile views

OEF 21B's Achievements

  1. I was successful on my first attempt at claiming OSA secondary to my PTSD. Like you, I had my pulmonologist state that my OSA aggravated my PTSD and my PTSD aggravated my OSA. The only difference that I can see is that I had my sleep study done through the VA at a civilian hospital to verify my OSA. I would recommend going to the VA requested Sleep Study and letting your appeal play out. Hopefully you'll be successful at the BVA!
  2. Q1 - I am trying to get a general idea how long it is generally takes to be scheduled a DRO Hearing date for a NOD claim. My hearing happens to be in Waco. I filed my NOD in Nov 2012 and requested a DRO. My case was sent to Jansville even though I'm within the WACO VARO area. I Received the SOC 9 Apr 2015.... ...so about 29 months from filing the NOD to receiving the SOC. Semper Fi
  3. Hi Wayne - We probably go to the same VAMC! I've been to the Dallas VAMC sleep clinic twice and all they do is check how many nights you've used your CPAP (I think she just plugged a wire into the machine and didn't even use an SD-Card). She asked a couple of questions about how I'm sleeping and do I feel drowsy while driving, after eating, ect., then asked if I had any questions, or if I needed any thing else. I told her that I needed a new face mask since mine was a year old. She put the order in and I just went downstairs and picked up a new face mask and hose. I wouldn't worry about "losing" your rating... the important thing is to keep using your CPAP! Semper Fi
  4. Thanks Gastone. I assumed that it would take anywhere between 1-3 years to receive the BVA decision, then another 2-5 years if anything is sent back to the VARO on remand. You've gotta love the VA!! Semper Fi
  5. Just wanted to check and see if this was the average time from initial claim to the BVA video hearing: AUG 30, 2010 - Initial Claim (VSO-DAV) NOV 13, 2012 - Award & denial(s) NOV 18, 2012 - Requested DeNovo DRO Review APR 9, 2015 - SOC (Granted one, denied the remaining) APR 12, 2015 - Form 9, Requested BVA Video Hearing OCT 17, 2016 - Video Hearing Scheduled Semper Fi
  6. Here is what I put on my VA FORM 21-4138 when I filed my Sleep Apnea claim on 27 JUL 2015: I am claiming Sleep Apnea as a service connected condition secondary to my service connected PTSD (30 AUG 2010, 50% Rating). I submit for considerations three studies conducted at Brook Army Medical Center, Walter Reed Medical Center, and a report from the American Academy of Sleep Medicine that all not increased rates of Sleep Apnea in veterans with PTSD. VA Training letter 10-01 clearly states that SLEEP DISTURBANCES are included in Signs and Symptoms as Qualifying Chronic Disabilities for claims based on service in the Gulf War and Southwest Asia. My civilian physician, Dr. David H. Plump, examined me on 17 JUL 2015 and concluded that my OSA is at least as likely as not AGGRAVATED by my service connected PTSD and that it is at least as likely as not that my service connected PTSD is AGGRAVATED by my diagnosed OSA. Time-Line: Initial Claim: 27 Jul 2015 C&P by VES: 25 Aug 2015 Decision: 15 Jan 2016 Here is what my decision letter stated: - Service connection for sleep apnea has been established as related to the service-connected disability of posttraumatic stress disorder. - A higher evaluation of 100 is not warranted for sleep apnea syndromes unless the evidence shows: Carbon dioxide retention; or Chronic respiratory failure; or, Corpulmonale;,, or Tracheostomy required. - We have assigned a 50 percent evaluation for your sleep apnea based on: *Requires use of breathing assistance device such as a continuous airway pressure (CPAP) machine. I think that by claiming AGGRAVATION and not CAUSED BY PTSD, MDD, Chronic Pain, etc., is easier to get a non-VA doctor to write a nexus. Semper Fi -
  7. Hi Jake, My C&P examiner rated me with "Anxiety Disorder, Not Otherwise Specified" even though my VA Psychiatrist diagnosed me with Combat Related PTSD. I filed a notice of disagreement and asked that the rating of Anxiety Disorder, NOS, be changed to Combat Related PTSD based on my VA diagnosis of Combat PTSD and on my VA treatment notes. I was granted the diagnosis of Combat Related PTSD based on my treatment notes and diagnosis. The only reason I wanted it changed was I'd been seeing several articles that were noting higher rates of heart issues in veterans with PTSD, and I thought that if I died of a heart related issue, that it could possibly be linked to my PTSD, which would service connect my death and provide additional benefits to my wife and kids. Are you in any PTSD programs at your VA? Have you had a VA Psych diagnose you? If so, and if you are within 1-year of your rating, I'd just file a NOD and provide the VA diagnosis and your treatment records and request a change in the named rating. Semper Fi -
  8. Hi Wjason777 - here is what my decision letter said regarding my request for an increase: - The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation. - We have assigned a 70 percent evaluation for your posttraumatic stress disorder based on: *Difficulty in adapting to stressful circumstances *Difficulty in adapting to work *Inability to establish and maintain effective relationships *Suspiciousness *Depressed mood *Disturbances of motivation and mood *Difficulty in adapting to a worklike setting *Anxiety *Difficulty in establishing and maintaining effective work and social relationships *Chronic sleep impairment. - A higher evaluation of 100 percent is not warranted for posttraumatic stress disorder unless the evidence shows total occupational and social impairment, due to such symptoms as: *grossly inappropriate behavior *persistent danger of hurting self or others *intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene) *disorientation to time or place *memory loss for names of close relatives, own occupation, or own name. My take on this was that I provided good evidence based on my VA treatment notes, increased meds, and validation by the QTC psychiatrist during my C&P. Good luck with your request! Semper Fi -
  9. You need to have a talk with your HR department about "Reasonable Accommodations". It's illegal for an employer to discriminate against you, or belittle you because of a disability. In fact, and ESPECIALLY for the Federal Government, they have to accommodate your PTSD and aren't allowed to "share" your disability with anyone else. I work for the Fed. Govt. and am rated at 70% for PTSD. I met with our HR department and our EEO office and my supervisor and I worked out a reasonable accommodation program together. Best of luck to you as you continue to heal!!! Semper Fi -
  10. Hi wablackwell, Most VA docs that care for patients won't fill out a DBQ. You will still need a diagnosis of PTSD from a VA psychiatrist or VA psychologist. You should be able to down-load all of your VA treatment notes from the E-Benefits Big Blue Button. Good luck with your claim!!
  11. If your doc has had past success with his wording, then I'd just wait and see what happens... I think you have a very good package and hopefully you are service connected on the first go-round!
  12. Hi Armyvet89! Is there any way that you can get your doctor to re-word the Nexus letter to include this statement: "It is my opinion that it is at least as likely as not that Armyvet89's diagnosed OSA is aggravated by his service-connected PTSD. I also feel that it is at least as likely as not that Armyvet89's PTSD is aggravated by his OSA." I also had my doc add this statement to SECTION VII - REMARKS on the DBQ form. I made sure that I stated in my SUPPORT IN STATEMENT OF CLAIM that I had no sleep issues noted in my service treatment records and did not have any sleep issues prior to my deployment. You're wife's letter should help as well. Good Luck with your claim! Semper Fi -
  13. Hi Buck52 - I think my co-payment was $20 bucks. I have health insurance from my work to cover my family, and I'm covered as well even thought I get all of my care at the VA. I am still able to use it if I need or want a "second opinion" from what the VA doc tell me. I'm not sure about how much it would cost if you asked to pay cash, but I suspect that if you find a good pulmonary/sleep doc, and explain your situation (disabled vet) that you could negotiate a fair "cash" price for him to fill out the Sleep Apnea DBQ and write a nexus letter. I had my DBQ filled out based on when I had my sleep study (by the VA), and then wrote: "It is my opinion that it is at least as likely as not that Mr. OEF21B's diagnosed OSA is aggravated by his service-connected PTSD. I also feel that it is at least as likely as not that Mr. OEF21B's PTSD is aggravated by his OSA." He continued the nexus letter with: "Mr. OEF21B is on CPAP, and I believe his PTSD causes him nightmares and sleep deprivation and makes it more difficult for him to take his prescribed continuous positive airway pressure mask. I believe this sleep disruption exacerbates anxiety, and depression and affects mental acuity. I believe his PTSD worsens his daytime excessive somnolenceone because he is not able to be treated as effectively for his obstructive sleep apnea." I filled out the same thing on the DBQ form and he signed that as well... Hope this helps!
  14. I used a private doctor to fill out my DBQ and write a nexus letter for me. I was granted "Service connection for sleep apnea has been established as related to the service-connected disability of posttraumatic stress disorder." My VA psych wouldn't write a nexus letter or DBQ because he said that he didn't believe that OSA was connected with PTSD at all... that's when I went to a private sleep doctor under my own insurance. To answer your question, I think it will be very hard to be granted service connection for OSA secondary to PTSD without a nexus letter or a positive DBQ. Good luck with your claim!
  15. OEF 21B ,when you had your sleep Doctor write the DBQ and Nexus letter did he have your C File or any other medical records? Would you be willing to share a redacted copy of your Nexus letter and DBQ either on this forum or perhaps E Mail? I read somewhere that your Dr. is supposed to have your C File in order to make an opinion that the VA will recognize.

     
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