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kwveteran1108

Seaman
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About kwveteran1108

Contact Methods

  • Yahoo
    careyj0325@yahoo.com

Previous Fields

  • Service Connected Disability
    90%

kwveteran1108's Achievements

  1. I have used all the various calculators as well as the ratings chart in 38 C.F.R. I was recently sc for OSA 30% from 09/2008 to Aug 2009 and 50%from Aug 2009 (when i began using CPAP) When I add all my %'s using the 30% for OSA I get 100%. The VA is saying it is 90. Thats a differnce of several thousand dollars. I may be wrong. Could you take another look at my rating below and tell me what you come up with? 70, 30, 20, 10, 10, 10, 10, 10, 10, 10, 10 (Bilateral factor for RK, LK, and RA--all three are 10% ratings) I really appreciate your help. james
  2. jvretiredvet, Thanks for the detailed reply. I was recently sc fro OSA 30% from 09/2008 to Aug 2009 and 50%from Aug 2009 (when i began using CPAP) When I add all my %'s using the 30% for OSA I get 100%. The VA is saying it is 90. Thats a differnce of several thousand dollars. I may be wrong. Could you take another look at my rating below and tell me what you come up with? 70, 30, 20, 10, 10, 10, 10, 10, 10, 10, 10 (Bilateral factor for RK, LK, and RA--all three are 10% ratings) I really appreciate your help. james
  3. I need help finding out my overall combined rating. I was awarded sc for sleep apnea. a 30% rating for effective the month after discharge and a 50% rating one year later when i started using cpap. Below are my current percentages with the sleep apnea 30 and 50 included in the two different scenarios. 70, 30, 20, 10, 10, 10, 10, 10, 10, 10, 10 (overall combined should be?) Also a bilateral factor for knees at 2.7% 70, 50, 20, 10, 10, 10, 10, 10, 10, 10, 10 (overall combined should be?) Also a bilateral factor for knees at 2.7% Thanks for any help you can provide.
  4. I have been granted Sc for sleep apnea after two years with the DRO. I went to a hearing and physically showed the DRO my STR's where it documented obvious signs and symptoms of Sleep Apnea. Dro granted a new exam and C&P examiner agreed.
  5. A fellow Veteran was denied SC for GERD under the new presumptive law for SW Asia Veterans. The VA states in it's decision that GERD is not a functional gastrointestinal disorder, but s structural disorder, therefore the claim is denied. Does he have any recourse or is there an error here by the VA?
  6. Denmaint7, I completed my exam 2 weeks ago. It's pending decision now. I submitted a NOD. My first claim was turned down. I had a sleep study done in August 2009 and submitted claim and results immediately after. VA rated it based solely off VA sleep doctor stating that my sleep apnea was a result of my weight. I wasn't given a C&P exam the first go around. The VA sleep doctor who diagnosed me never reviewed my STR's or VA history. I had documented sleep and classic symptoms of sleep apnea documented clearly in my record while on active duty. If I were you, and I have a good VSO, I would submit a NOD and request to appear in person before the decision review officer at the VA regional office. Most times the service rep (VFW, American Legion, etc...) can broker a deal with the DRO as the DRO would rather not have to take time out of the day to attend an appeal. Also, having face to face contact is always favorable I believe. An ideal letter from your physician would go like this: I (Sleep Doctor) have reviewed the Veterans Service Treatment Records, and in my professional medical opinion believe that it is ("more likely than not" or "at least as likely than not") that the Veterans current Sleep Apnea condition was incurred while on active duty or the result of some in service event or trauma. This will almost without a doubt establish service connection. I will keep you posted on my outcome and offer any help I can.
  7. I was diagnosed 6 months after service with Sleep Apnea and I now utilize a CPAP Machine. Other than sleep problems related to my service connected PTSD, the only other evidence I have are two buddy statements; about my snoring and gasping for air, and a post deployment survey in which I indicated I was still feeling tired after sleeping. Could this be sufficient to establish service connection for Sleep Apnea? (at as likely as not) Thanks for any information anyone can provide.
  8. My exam lasted three minutes and the examiner asked one question. I understand every exam is different for every person, but just seemed rushed.
  9. I have a pending NOD for service connection for Sleep Apnea. I have submitted to the DRO service records which document symptoms of sleep apenea (feeling tired after sleeping) as well as two buddy statements from roommates in the service. I'm also service connected for PTSD and TBI, which could be considered to cause sleep apnea. The DRO granted a C&P exam. I wasn't given a C&P exam the first go around. I submitted my claim right after my sleep study and diagnosis. The VA denied because the sleep doctor said the sleep apnea was related to obesity. The sleep doctor never discussed my service records or any current conditions at the time of my sleep study. (wish I would have done differently and offered my opinion, lesson learned) I went to my C&P exam a few days ago and the only question the C&P examiner asked me was whether I was still using a CPAP machine. I replied yes. I also gave her and she gladly accepted, a few papers I had copied from my STR's whoch document symptoms of sleep apnea, buddy statements, and explained my PTSD and TBI. My exam lasted no more than 5 minutes. Yesterday, I received a letter from the St Pete Regional Office stating they were scheduling me for an exam soon. The C&P office beat the letter. Anyways, in the first sentence of the letter it reads: "ON THE BASIS OF YOUR APPEAL, WE ARE ORDERING A VA EXAMINATION IN ORDER TO DETERMINE THE CURRENT LEVEL OF DISABILITY". Could this mean that the DRO is conceding service connection and just wants to determine the level of severity in order to rate it properly? Any information or insight would be greatly appreciated. I will post my decision when I receive it as it could possibly help any Veterans in a similar case. Thanks. James
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