Objee

Military hypocracy (redundant?) I started on board ship with a pipe. Butts were 80 cts a carton. Stayed with a pipe and quit ashore. Then shoreside deployment. C & K rats - 4 luckies or camels. Gotta stay awake on security watch. Guess what! Yep, addicted in about 2 months. As Mark Twain said "Quitting smoking is easy - I've done it a hundred times." Didn't smoke before service. Still smoke now. Not service connected? Bull----! Ralph

Jim, SAVE THAT LETTER! It's proof that the VA received your claim. (Sometimes, even that is in doubt.) Ralph

Husker, If you've had sleep difficulties for years does that go back to your active duty time?? If so, statements from the wife and kids will help, but buddy statements from your fellow servicemen will mean more. Why? Because your wife and kids have a vested interest in your award - buddies don't. Peruse your SMRs for any indication that you had sleep problems. If you find any, you will need to convince an MD that this is evidence that it's "more likely than not" the AD sleep problems were evidence of apnea. You will also need to demonstrate why military service caused the apnea. Could be bizarre watchstanding schedules, severely interrupted sleep on duty, extended periods of no sleep, etc. (From what you say, a sleep study WILL document apnea.) Then get the medical opinion letter. Ralph

John, that's FANTASTIC!!! If you get the CH. 35 (wife insurance) then you're P&T. Enjoy Florida! Ralph

Ricky, Sit yourself down with a clock and make your presentation (role playing). Note how long it takes you. At the start of the hearing, tell the BVA rep/DRO that you need (whatever time it took) to present your arguments and will that be a problem? The BVA rep/DRO will greatly appreciate the info and realize that you're really organized for the session. This will probably get him/her to cut you more slack than you think. Ralph

Ricky, Sit yourself down with a clock and make your presentation (role playing). Note how long it takes you. At the start of the hearing, tell the BVA rep that you need (whatever time it took) to present your arguments and will that be a problem? The BVA rep will greatly appreciate the info and realize that you're really organized for the session. This will probably get him/her to cut you more slack than you think. Ralph

For the clue as to separation of symptoms, look at the 38 CFR Part IV (Part 4). If they are on the schedules as separate diseases, they are separately ratable. I have sleep apnea due to hypothyroidism. The apnea, while it contributes to the hypothyroid diagnosis is separately rated. Although the hypothyroidism stands on its own as a disease, secondary conditions caused by (and a part of) it are separately ratable if listed in the Part IV. Ralph

Is it worth checking the '86 38 CFR regs to see if you can allege a CUE? Probably an exercise in futility, but might not be. Ralph ================================================

My VAMC (San Francisco) sent me to a civilian hospital with a Sleep Disorders Center. Got there at 7 PM and spent the night wired up to a couple of machines. While I slept they checked my blood O2, CO2, etc. Woke me once to fit a PAP machine, then played with its settings until I had maximum O2 during sleep. Except for the PAP fitting, I didn't know squat. I just slept. I was out of there about 7:30 in the morning. Diagnosis? Severe sleep apnea! Based on the medical data you have now, ask your primary to set you up with a sleep study. And good luck! Ralph

Call the VAMC's appointments desk and see if you actually have the appointments. If so, I'd keep them first and worry about the psyche sessions later, although I'd also call them and explain why I'll be absent on those days. You can replace your VSO later! Ralph

First off, Slowhand, have you had a sleep study (Polysomnography) that diagnosed apnea? If not, you don't officially have apnea! Secondly, were there any incidents on active duty that indicated sleep difficulties? Snoring, interrrupted breathing, etc. Buddy statements can support this even if you don't have an SMR that does. This from Oregon State University Student Health Services: "Airway temperature also influences onset of symptoms. Even a brief exposure to cold, dry air can produce bronchospasm. The effect can be reversed by breathing warm, humidified air. Asthmatics may experience sleep apnea, characterized by brief, repetitive cessation of breathing during sleep. Resulting from an upper airway disturbance, sleep apnea triggers asthma of the lower airways." It appears that, if you do your homework, you just might get established as SC for both asthma and apnea! Good luck, Ralph

Berta, The denial of oral argument indicates that the court thinks the medical opinions are not yet sufficiently developed to justify extraschedular consideration. It's critical that the situation shows exceptional considerations preventing employment. The court appears to believe the RO may discover these exceptional considerations if it further develops the case. Ralph

Even if your MDD is unipolar, the 2 medical opinions should carry the day for you. Dunno how long it'll take but did you put your claim for TDIU in with the claim??? If not, and you receive 70%, send your TDIU form and claim in right away! At 70% VA should automatically consider you for TDIU but you have no guarantee that they will. Ralph

Bob, this was the California SO one floor below the Oakland VARO. I lost my county SO to retirement so I'm dealing with the state until the county can appoint a new vets rep. Ralph

Chief Theresa, Nope, not a representative. Just a claimant as you are. We're all here to help each other. If my claim is where I was told it is, my war is over. This means that I can devote time to help other vets, spouses and widows to get what they deserve. T-bird had the guts and motivation to start this all off. The least we all can do is support her courage and work to help each other to prevail. This is a new idea. Let's see if it adds to our knowledge base as a working method. Dunno, but it's worth trying. Send me your email address and we'll get started . I will need to communicate questions to you. We'll try to meet your hearing date and I'll be most interested to see if this helps your rep to be more effective. Let's get at it! I'll start with what I have; you let me know what's to follow that I don't have. Go girl!! Ralph

Agree. I certainly hope John comes back. OK, you know the rules - the more medical statements the better. You might also get creative. Some states have veterans competency representatives - to see if you are competent enough to manage your own affairs. You might get an evaluation from one of these that you're competent to manage your affairs but need "quality of life" assistance. On a WTH basis, it's worth a shot. The VBA has probably not heard from these people before. Ralph

Boy, this is enlightening! I was never in any heavy combat like a lot of you were, but my social worker said I might have mild PTSD. I said "bull----". Now, you make me wonder. I was a Coastie. Search and rescue is an intrinsic part of CG duties. Bloated bodies unrecognizable as human beings. My guys punched one on a boat cleat bringing it aboard to bag it. We all heaved before I could reach the throttles. Old social worker says this can be the type of experience that can result in PTSD. All I have is depression - or is it? Hell, I dunno. I grieve for you guys and gals that have no doubt you have PTSD for any reason. Love you all. You ARE bloody heroes! Ralph

Looks like Mr. Edwards has been classed as a "vexatious litigant." This can mean that any federal court can reject his filings unless he complies with this order of sanction. Bad status to have. Ralph

Roger on the Prozac, John. Seems it increases risk of osteoporosis too! I'm thinking of easing off my Prozac also. Good to hear from another old Guard Coastie! Ralph CGC Cook Inlet (OSV) LORSTA Adak CGC Ewing

If you'll send me your "laundry list" and how you see one symptom relating to another, I will. Will need a fax address for you. Email me at zedaassn@sbcglobal.net with your list andd we'll do it. Ralph

Just that you seem to have a huge amount of info about your disabilities and you're trying to tie all of it into depression. I thought that diagramming it might make it clearer in a rater's mind so s/he could follow your writeups. I got a bit lost in the haypile of data. Ralph

Chuck, No matter how far away your RO is, you need to request a file review and go there to read your claims file when the review is granted. I waited until I got my first decision letter to request a complete copy of my claims file under the Privacy Act. It was free and I got it in about 6 weeks. You need to have it in your record that you have a copy of your C-file in your hot little hands. I then ask the opinion-writing docs to state that they have been furinshed and read my C-file and their opinion reflects ALL of my medical history. So far, it's worked! It shuts off any VA objection that the opinion-writing doc didn't read your SMRs, etc. Ralph

Dean, You have so much data that I got lost in trying to follow it all. I started to make a "tree diagram" to understand the relationships of one problem to others. Didn't complete it but went far enough to see that a similar diagram might help you to explain your full disability(ies) to a claims reviewer. We're more visual than literate beings and usually relate quicker to diagrams than words. Hope I set this forth clearly (in words)! Ralph

Thanks a batch fellow vets, Since going from 10% to 100% ++ isn't VA SOP, I was sceptical. Don't want to go through the psychological push - pull of "It is, it isn't, maybe ...". I take enough bloody Prozac now! Ralph