WhoopAssSmitty

If you have a mental rating of 100% for PTSD, all clinical findings say you can't do it--mentally it's just too much for you. Matter of a fact, for you to be rated this highly, you were deemed unable to hold or maintain employment. Here is a break down of the VA disability rating percentages and what they mean: What Each Rating Means 100% rating: Completely unable to function socially or at work with symptoms such as severely inappropriate behavior, ongoing hallucinations or delusions, consistent threat of harming self or others, unable to remember basic information such as names of close relatives, severe confusion and disorientation, and/or inability to care for self. 70% rating: Unable to function in most social and work areas with symptoms such as obsessive behaviors, illogical speech, depression and panic so persistent that it interferes with ability to function, suicidal thinking, inability to control impulses (including becoming violent without provocation), neglecting self-care such as hygiene, inability to handle stress, and/or inability to maintain relationships. 50% rating: Some impairment in ability to function socially and at work with lack of reliability and productivity, due to symptoms such as trouble understanding, memory loss (forgetting to do things), poor judgment, mood disturbances, trouble with work and social relationships, and/or having one or more panic attacks weekly. 30% rating: Some trouble functioning socially and at work, occasionally inefficient with work or unable to perform work tasks, but generally able to care of self and speak normally. Symptoms can include depression, anxiety, chronic difficulty sleeping, mild memory loss, suspiciousness, and panic attacks (can be less than once a week). 10% rating: Mild symptoms creating work and social impairment when under significant stress, or mild symptoms managed successfully with continuous medication. 0% rating: Diagnosis of mental illness but symptoms are so mild that they don’t require continuous medication, or, don’t interfere with social and work functioning. What will happen if I'm working during/after receiving a 100% mental health rating? Chances are you will be scheduled for a comp and pension exam to reevaluate your mental health rating. It may also happen that you receive a letter from the VARO suggesting they are intending to decrease your rating. It may be viewed as grounds to cause VARO to launch an investigation into your disabilities on suspicion of fraud. I'm not saying these things are going to happen. Just that it's a highly likelihood 1 or more can and will happen within the next 18 to 36 months for certain. You did inform the examiner on your C & P exam that you are working at the VA? Right?? Regards, Whoop

Skunk, What would help your claim alot is supporting statements from fellow soldiers, officers, etc....from when you were there. Surely over that time frame, you made some contacts. If not, you've certainly had a chance over the years to run across some body, who can support your story, right? Wish you lots of luck with your claim. Whoop

John/Terence999, This is what you posted on the VBN and it's also why you got alot of flack about it. "If the VA had a medical report in their possession that they did not include as evidence or even review when they made a decision could that be a CUE. It would be the same principal as if the VA had your SMR's but did not include them as evidence when rendering a decision on service connection. If the VA had of included the medical report in question it is pretty clear that it would have made a major difference in the rating percentage. This is a very old claim that became final in 1974. I already had a DRO Hearing on this subject and the DRO said the excluded evidence would have made a difference, but it means a large retro payment to me and my lawyer. The lawyer did the CUE for me. He was very careful not to present it as an evaluation of existing evidence." You asked about the CUE and were given full, indepth replies as to what a CUE is and if your claim would have much of a chance. You were told and even given a definition what a CU & E means: CU & E means: CLEAR AND UNMISTAKABLE ERROR on the part of the VA and or the RATER at the time of the decision!! You have to prove, beyond a shadow of a doubt, that what was done to you or your claim, or both was of gross negligence and or malicious actions by the VA, rater, etc........ Again, just because you've got a lawyer behind you and your claim, don't mean it's a CUE and it don't mean you're going to win your claim. Your day to file your NOD or APPEAL was in 1973/1974. Since you, nor your VSO didn't do it, it's going to be very difficult for you and your mouth piece in a suit-lawyer to win. Again, at some point and time, the vet has to step up and take responsibility for his/her actions/reactions and or lack there of! Just because some document was not mentioned, does not mean that it wasn't included in your claim. By the way, by your own admission, you said that "VA has this documentation in their posession" so, the rater/DRO/BVA will have to consider this as already viewed evidence! You openly ADMITTED VA HAS IT IN THEIR Posession. So you and your lawyer are trying to get something for nothing and are just clogging up an already over burdened system. (Perhaps the VA's lawyers should file against you and your lawyer for fraud!) So, your choices are now: you'll either have to come back with "NEW" supportive evidence or you'll have to reopen the claim and try and get a rating increase. But a CUE, you do not have and you've no chance of winning. As to bashing any of the Veterans boards, you should really leave that alone. Fact is, any and all of the vet boards, who offer vets, their family or widow(er) assistance and guidance, are very much needed and should be supported, not run down or anything else negative, be that by yourself or anyone else! If you don't like what you read, then move on or don't post. The VA Bashing, is also a dead horse. We all know the system is by far from perfect, but it's improved leaps and bounds! You don't believe me, ask any NAM VET or a WWII or Korean war vet, they'll confirm it's alot better. (It's also the only system we have going for us disabled vets!) Sure there's room for improving and it's something all of us and any org that supports vets are working for! Again, it's also the only system we have. There's incompetence in every business around the globe, be that in a civilian sector or in government ran offices, we just have to try and fix the issues, one step at a time. Starting with the management on down. FYI; this is also something you have to see and accept, there are some good, dang fine men and women who work inside the VARO's and VAMC's who are professionals and are dedicated to helping and providing the best service possible for the vet! Next, you also wrote in one reply to me: "I don't believe you know what you are talking about. I will wait for my lawyer to get the decision. Do you even understand the nature of why people file CUE's?" My reply is: "Yes, as you've seen in my definition what a CUE is to you, I do know what it is." The question is despite everyone telling you exactly what a CU & E is, you don't seem to understand and do not want to listen to reason or logic, do you not grasp what's being said?? So do you know, or better said, do you understand what YOU'VE read or what's being said to YOU????? As Cruiser and myself pointed out to you, your claim does not have a CUE in it. No matter how much you rant and rave or just want to stir things up. What you have is your failure to file your NOD; APPEAL and now you and your lawyer are trying to chalk up a CUE on your mistakes of nearly 40yrs ago and hope that enough dust has grown on your claim, to chalk up a nice little win for you and your lawyer. Trust me, if you had a CUE, I'd be more than willing to say "go for it, more power to you, best wishes!" So would just about anyone else!! However, you don't have a CUE and don't seem to have a clue about what a CUE is!! Nor do you or you lawyer seem to understand what one supports/requires! It seems all your doing is trying to get something for nothing! Due to your negligence, inactivity, etc.....which in the end, comes back to blatantly scream at you and everyone else who reads what you've posted: "IT'S YOUR FAULT, YOU didn't file your NOD; so YOU HAVE TO ACCEPT THE RATING DECISION OF 1974!" NO CUE!! Just your lack of reaction and allowing the 12 months to expire, after the rating decision was given! So, all you'll end up getting is another DENIAL and you'll see and have to again accept that the rating decision is final. See, here again is the prime example of what I've been telling you: Here's a reply from Cruiser to you: "First of all a C&UE is never based, in whole or in part, on anything that is "new" or anything that was not part of the original decision. That's the crux of C&UE, that the decision was clearly and umnistakably erroneous based on the evidence of record. If there is "new" evidence or evidence that was not considered, it's a reopened claim, not a C&UE claim." Then you responded with: "Where does it say that all evidence of record is assumed to have been evaluated? I want to see that regulation. Give me the citation." Your wish was granted: Cruiser gives you Bible verse and chapter from the CFR: "38 CFR, Part 3, Subpart A, Sec. 3.104 Finality of decisions." (a) A decision of a duly constituted rating agency or other agency of original jurisdiction shall be final and binding on all field offices of the Department of Veterans Affairs as to conclusions based on the evidence on file at the time VA issues written notification in accordance with 38 U.S.C. 5104. What this means is that at the time VA sends you a letter notifying you of a decision on a claim, all evidence that is in your claims folder on that date is considered to have been a part of that decision. I suggest that you look up a few Court cases on C&UE and read them in order to get a better idea of exactly what a C&UE is, and isn't." Perhaps you and your lawyer would do better to reopen your claim, even file new evidence and get new medical opinions, to support your rating increase. For those who want to read, here's as Paul Harvey said "the rest of the story!" http://vets.yuku.com/topic/24374 Trust me, this isn't to try and bust your chops, it's just that the circus that's being created by the use of lawyers and their shotgun patterns, is sickening. Just chunk anything out there and see if we can get a hit and a pay day. That's all that's being created and it's also the thing that's going to cause the rating system to get even more lengthy and difficult. Schamming and Scamming with the lawyers, is just going to create even more difficult situation to an already over loaded system!! JMHO Whoop

Bro, If VA/rater said IU was a "moot" point, then he/she based your 100% scheduler on some disability, which may or may not ever improve. Here's the differences: as a Vet, with 100% IU P&T you can not work, you and your doctors say your conditions are so severe, you can't work and offering you VOC REHAB or anything else is a waste of time and resources. AS a vet with 100& scheduler, you can work and work all you want. Take that with a grain of salt! If your rating was for 100% for a mental issue, then you can forget working and if you do go to work, VA WILL Call you in for a reexam and reduce your rating to your last know rating level. With 100% IU P&T your family gets chapter 35 benefits, meaning they can go to college for free. AS a vet, with 10% up to 100% Scheduler, you can use CH31. Voc Rehab and go back to school and earn a degree for example in a field, that will not aggrivate your service connected disabilites. Your educational goals are YOUR PLAN, you've got to research and sell your educational goals. You've also got to show future employment possibilites, what kind of work, certifications,etc...you'l need. It's all completely doable, but it requires work from your part. VOC REHAB is an AWESOME benefit. Why use the montgomery GIBILL? Save that for your Masters later on down the road! Use your CH31 Voc rehab...let them pay for your school, tuition, books, computers, tutors, certifications, etc.... For the vet, who's 100% IU P&T.....well you can file for under voc rehab, for the ILP program, again, it's your plan and this is a program set up to help improve YOUR QUALITY OF LIFE AT AND AROUND YOUR HOME!! Do not use key words such as for hobbies and things like that....use words that say "if I had this or that, it would help keep my mind, hands active and would help make me feel better about myself, because I have something constructive to do." Now this was just an example....but I hope this helps you understand a bit better about the ILP program. As for the other issues and benefits, I hope I explained those well enough also. Regards, Whoop

Retireclose, Best thing to do is as suggested, send in a formal request for the temporary 100% for the treatment of the Prostate cancer. You would also probably do alot better seeking the assistance of a good Veterans Service officer. From an org like the Disabled American Vets, AMVETS; PVA; the list goes on and on, you can google Veterans service orgs and there's like 40 or more, that are recognized by VA to assist you. In many states, you also have a county VSO, who has an office someplace in your courthouse, post office, etc...call and ask. They all work for you and for free. You don't even have to join their org....so seek the help....it'll save you from makíng a bunch of costly mistakes. Until you learn more about the system and the in's and outs. Hope this helps. Whoop

It's always good to hear these types of stories. It is also a great thing, when the veterans family is taken care of, after the vet passes away! There are so many things the widow(er) faces and having to deal with. The DIC maze is really a pain in the rear at times, especially when it messes over the family and causes undue hardships! Congrats to the widow for getting the award. Tell her not to forget to contact SSDI, perhaps she's entitled to some of his benefits there as well. Thanks for sharing. Whoop

Bro, Your best bet is to always have your own private IMO's from a specialist in the field. Using VA language, stating the facts, that they reviewed your medical and military records/documents, along with all your civilian treatment records and that their opinion is based on this or that reasoning. It's also a good idea, to have the doctor list his/her area of expertise and how many years they've been practicing in that field(s). This way, their credibility is established and can be deemed as factual and knowledgeable due to education, and or clinic, as well as years in field of question experiences. An IMO is an investment. Hoping that the rater will see and or pay attention to progess notes, is a long shot gamble. Are you willing to risk having your claim denied, cause you didn't do everything in your powers to help provide the documentation and evidence, to prove your claim?? That answer is probably a definite no, correct? So, experience and knowing how the VA system is, I'll tell you, get yourself a doctor and request the IMO. Just my humble opinion. Hope it helps. Whoop

Another thing to think about is: many of the universities have their own VA rep, who know's about things like grants, waivers, etc...may be of great assistance to him, to take a copy of his rating letter and go over to his univeristy and request an appt with the VA rep there. May be a way to speed up the process and get him out of his debts. Next, why would he want to remotely consider giving up his benefits of being 100% IU P&T to get scheduler? He'd be scheduled for every 18months a new exam, risk losing his ratings and he'd lose his benefits of having ch.35 benefits for his family. Plus, he'd lose his ID Card and base privileges, etc....that just ain't the way to go, unless he's considering doing that, in order to return to work. Which if he goes that route, VA WILL DEFINITELY WANT TO SEE HIM WITHIN 12months!! Cause legally and logically you can't be IU and then work to get your rating changed to IU and then low and behold, you can work and hold down a 40hour a week or more job.....it just don't work that way and he'd definitely lose ALL of his benefits for FRAUD! As to the SSDI, he should definitely find himself a lawyer, versed in SSDI and appeals, get on that ASAP. He's losing money, which in his case, he definitely needs....these lawyers work on a percentage basis, so he wouldn't be out of pocket....so it'd be a win win situation for him!! Lots of luck to him on his claims. Whoop

Brother, Till you hold your IU rating for 20yrs, you can always risk having said rating reduced. Even then, if you got that rating by fraud, it can be taken away from you! VA can legally call you in for a Compensation and Pension exam at anytime they so desire, no matter what your rating is and no matter how long you've held it. So, you must always do whats required to maintain your rating! Meaning what? Go to your doctors regulary. Make your scheduled appointments and keep your C-Files updated with treatment records and IMO's!!! Rule of thumb, got to your doctor at least 4times a year, in order to maintain your rating. Any suggestion of a rating decrease, also has a legal process to go through and you've also got time to reply to these. AS a vet with 100% IU P&T you are not scheduled for an exam. AS a vet with 100% scheduler, you are scheduled (rule of thumb) every 18months +- The IU vets get the employment questionaires, to fill out asking if they've worked in the past 12months. If you've just been awarded your IU (under 2yrs), chances are, you won't get an employment questionaire for about 2yrs. Also as mentioned, if you are over 55yrs of age, va will almost certainly not invite you in for future C & P exams. If they do, then contact your VARO/VSO and tell them of your age and chances are, you'll have the exam cancled. UNless you don't go to the doctor regularly and chances are, they'll want to see you and examine you then!! WORD OF WARNING ABOUT THE EMPLOYMENT QUESTIONAIRES: Fill them out, mail it in certified mail and or fax a copy to your VARO. I'd make sure you get a copy to your VSO, if you have one! This is to your benefit and saves LOTS OF HEADACHES and stress. Hope this helps. Whoop

Sayad, If I'm understanding you correctly, you want to know what the minimum percentage is, that a vet could get and be considered as Service connected. The answer to that is 0% is the minimum, that means the issue is service connected and can be treated at a VA Medical Center-VAMC. For this rating, the vet will normally have a copay, of if memory serves me correctly of about $8.00 for the doctor and meds. With a 0% rating, the vet will not get any monthly compensation, meaning he/she will not get paid for that 0% rating. Hope this is what you were looking for. Whoop

Bro, Next thing you have to remember is this, no matter how embarrassing an issue is, if not treated, it can/will get worse. As a person, we are all human and can get the same thing or worse, so it's best not to laugh at the person or their problems. As a doctor, he/she should be professional enough, to not laugh and understand your discomfort of the exam and having to discuss it. JMHO Whoop

You also have to take into consideration, the fact that once you start sleeping with the mask on, your problems may just about disappear and thus the need for the medications, may also go away!! The reason is: you're finally getting the sleep your body and mind needs, without deprivation of ogygen, which is what really causes you to be "tired all the time" for the majority of the folks. What I'd do is, not take the tablets at all, for the first few months, just get the RX and hold onto it, for later in case the mask isn't enough, to get you almost fully back onto your feet. If you don't see, feel and notice a DRASTIC improvement in your activity and life in general, then you can still start taking the meds and using the mask together. I'd say within 30-45days, give or take, you should be able to see, if the mask alone is the ticket, if not, then you still have the tablets and the additional days added to your point of having to either come off them. You can also take the additional time and NOT get a "new prescription prescribed" and take and go back later and request a new prescription, then that 6mos time frame should have to start newly all over again. As to the tablets, my humble opinion is this, DO NOT USE THEM; unless you just have to!!!! I'm almost willing to bet you, you'll notice the difference your mask has made in your life. Medicine always has some type of harmful side effect. So, if you don't need it.....leave it on the shelf. Next, if you end up having to go to the board, don't stress it bro. over 20+yrs of service and then end up getting medically retired!! No shame there and if it were me, I'd go for the most time possible, then make them retire me medically, especially if I couldn't do the time I wanted and needed. See, if you get the medical discharge at say 30% for your sleep apnea from DOD's, that money is taxable. Then you can come at VA, once discharged and get rated and all your disability pay is TAX FREE! Like I said, I wouldn't just take 20% and separtation pay!! Cause if you do, you'll repay the separation pay and not get compensation from VA, til the separation money is recouped. Worse case, you just smack in your retirement package and step down if all other fails. Hope this helps. Whoop

You can always apply for VOC REHAB, the only thing is: if you're 100% for a mental condition, VOC REHAB will deny your request. If you're 100%, then it's still a strong possiblity that VOC REHAB will deny your claim. You may be more benefited, if you apply for the ILP program or the Independent living program. IN this program, the va helps the vet "improve his/her quality of life" in and around their home! Check into that, cause from the sounds of things, this may be the best and safest avenue you should and could pursue. Hope this helps. Whoop

Don't forget SMC can also be for loss of a creative organ=Erectile Disfunction. Whoop

Vet, Anytime you get a 100% rating for a mental disorder, you can forget working. VA is saying, "due to your mental conditions, you can't handle the stress or hold it together long enough to maintain ANY type of gainful employment!" Since your current rating is 70% for the mood disorder, you next stop will more than likely be the 100% for either the mood disorder alone or including the PTSD, either way, you can forget working. If you can work, then YOU ARE NOT correctly rated at 100%-for a mental disorder and need to inform the VA of such, so they can correctly rate you and you can work all you want, legally! All you have to do is look at the rating schedule for mental disorders, such as since you mentioned it PTSD. The category you fall in, versus what VA says the category is for the 100%. Look at your GAF score and the impairments va state you have and what all you can't do. Hope this helps. Whoop

Tom, What probably got you a low rating is ROM or range of motion. You can get a higher rating, if you have severe episodes of being down and not being able to work, using meds, over the counter treatments and such. A c & p exam questionaire would probably be very good to look over before you go to the exam when you file for rating increase. As to filing for the arthritis, as mentioned, a waste of time. Your best bet is filing for a rating increase and look at your ranges of motion and the above mentioned things. You'll probably see and understand a bit better, once you read and understand what is requried and not for a rating increase for the lumbar. Hope this helps. Whoop

Ken, What I'D do is this: go to your VARO and give up a signed statement revoking your power of attorney from this bad VSO and thier org. Next, in the same breath, I'd also give the VARO in writing a copy of their letter to you and your reply stating you have not dropped any claims and for them to proceed, business as usual with your claim!! Sounds like you may need to see a better vso. Hope this helps. Whoop

I think what's being implied is: go to a search engine like Google.com and then enter in getting an independent medical opinion. What this will bring up is places that offer and give independent medical exams and specialist-doctors of the medical field. It takes a bit of time, but start out that way, you'll understand as you search on google. Hope this helps. Whoop

Ok folks, Thanks for the well wishes for our little board! We can use it! B) We're small in numbers but growing. Terry just emailed me and said someone from the board has told him "he is and remains banned." I don't know who or why, that's between him and that person or group of admin. At any rate, I can tell you, he's changed and for the better. His writing style is now informative and he keeps his stuff professional and still gets his points and jabs across! B) Myself, I see Terry as an asset and hope you good folks would consider giving him another chance. He misses the folks here and the vast amouts of members your board has. If you can, I'm sure you could convience him to keep his writing style like he has with us. He has a home on our board, he just wants to reach as many vets as possible, which is what I think all the vet boards is about. Just my humble opinion. Thanks, Whoop If ya decide against giving him another chance, anyone who's interested can visit with him at: http://callartyinffe.proboards99.com/index.cgi?

Folks, Not to be a fly in the soup here, but anytime you go Doctor shopping, you're wasting your time. See here's the deal. ANY qualified, licensed doctor, who's a specialist in the needed medical field, can render you an medical opinion and according to the CFR, it can and will be given warranted consideration! Thats the law and according to the CFR! The thing you as the vet need to do and make sure your specialist does, is USE the language VA and the CFR require! Without that, you will be just wasting your time and money and eventually get a denial. Also, if you do that, you don't have to go to several doctors, all you have to do is go to one. If VA uses a doctor for a C & P exam, the benefit of the doubt, according to the CFR, goes to the VET! If the vet uses a specialist in the needed field and the doctor uses the language the CFR requires. See, normally to the vets favor, the VAMC will use an RN or someone, who's not a specialist in the questioned medical field, which then gives you the ammo for a "NOD" and allows you to base it on the grounds, that your DOCTOR and his MEDICAL OPINION are from a specialist in that field and the attending doc, that gave you the C & P exam is not/was not a specialist! Then as you send in your "NOD," you could add to it, by slamming the VARO with another medical opinion, using the same language and guidelines from another specialist, which will seal the rating in your favor. If the original one doesnt do it alone! Again, major thing is using the language that VA and the CFR requires, you don't have to doctor shop and buy a doctor or a medical opinion. Your records and conditions either speak for themselves and the doctors will agree or not and then you already know where you'll end up, if that's the case! See, the biggest mistake most vets make is they're afraid to talk with the doctor and those that aren't try and play doctor themselves when they do talk to them! What you need to do is provide the medical background info: SMR'S, civilian medical records, give a short history of what happened and what you're currently dealing with, then feed the doctor the issue at hand. Allowing him/her time to absorb your problem and make a medical observation, according to their medical training and experience. (Notice I said allowing the doctor to make the diagnosis and thus giving you a medical Nexus for your condition?) Then ask him/her "in your medical opinion, does this injury/illness/disease come from this illness/injury disease that I currently have?" OR is it "as least likely as not" that it could be related to/caused by this injury/disease/illness that I currently have?" If the doctor says yes, then ask him to give you that opinion in writing. You don't have to make this hard,complexed, complicated or confusing. Just make it bullet proof and according to the law, the way the CFR and VA require it to be. Hope this helps. Whoop

Crypto, Good advice! However, rule of thumb is never wait for more than say 4 weeks, before you go to the VA and submit a release of information form and request a copy of your exam from the VARO. Look over the exam and immediately respond in writing to anything incorrect on your exam. If you have a VSO, also inform him/her of the error and make sure that they also have a copy of your rebuttal that you're sending to VA. Cover all corners of the incorrect exam, as well as take out any loopholes the VA might be able to use against you, in dealing with a bad exam. Whoop

Brother, In quoting the words of a long time (over 30+yrs as a VA rater) "it's nearly impossible for a veteran to win a CUE against the VARO!" The reason is: perception. How does the person who's rating this veterans claims read and or understand what it is the vet's claiming, then how he/she reads and understands the CFR? Even when this person makes a mistake, they're blanketed by a protection policy, that allows the VA to say "well at the point and time in question, the person who rated this vets claim, did the best they could, with what they had to work with!" No harm, No foul! NO CUE!! It's that loop hole in the system and the legal wording in a CUE, that allows VA the ability to have "wiggle room!" A CUE is a justified mistake, but this mistake must be seen, admitted and accepted by a trusty VA employee and unfortunately not by a court or the law. Whoop

Allan, I feel most of these questions are already answered "loud and clearly" with either the CFR and VA's "duty to assist" or with the "VA directives." These 2 guidelines alone tells VA they have to exhaust every method available to assist the veteran in compiling his/her claim! It also requires VA to tell the vet what he/she needs in order to present and win a claim and how he/she should respond, if they don't have a solid enough claim presented in order to win. I've seen as many claims won, by using the VA's own mistakes and the blatant disregard for these 2 regulations, than with filing things like a CUE or even filing appeals. In all honesty, the more loop holes the lawyers help find, the more wiggle room is developed for a vets claim to be denied. JMHO. Whoop

PAPA, Sometimes it's not what you have, but how you claim it. Anything can be service connected, if you have the supporting evidence and use the VA language. The only questions that have to be answered is: is this "as least likely as not" a service connected injury/illness or is this "as least likely as not" secondary to an already service connected injury/illness? What am I getting at here? So simple bro. PTSD-for example can cause Sleep Apnea(OSA). However, you need a sleep study, to rule out that it's not a genetic issue, that causes your type of OSA. Assuming you're a Nam vet with "boots on the ground" time is, you go to your doctor and get a Sleep Study done at a sleep lab. Tell the doctors you are a combat vet, you take all the following medication and if you're diagnosed with PTSD, tell them this as well-that alone will normally give the vet the nexus needed, if the doctors know what they're doing and have experience with PTSD. Next, there are some meds, which can cause OSA, it's also a know fact that PTSD can cause OSA as well. The only thing is, you'll need a medical nexus from a specialist to connect the dots for you. It does not matter, if it's directly service connected or listed as secondary!! Fact is getting it connected, treated, compensated and if your lucky, one day cured! As to your original question: Does anyone know if there is a connection between Obstructive Sleep Apnea and Agent Orange? The answer is yes and no. There's no direct connection listed in the AO list that says OSA is a presumptive illness/disease for Nam vets. However, there are other medical issues, that can/will and do connect the OSA to other issues listed in the AO list, that'll make OSA a secondary illness, to a service connected illness/injury. Hope this helps. Whoop

Cheri, Normally any time a vet requests compensation for a service connected injury/disability, according to the Code of Federal Regulations (CFR) the Department of Veterans affairs (VA) MUST request a Compensation and Pension exam. Just because the vet was part of a time-frame of war, does not automatically give the vet a certain issue/illness. There are requirments such as "boots on the ground" that will automatically assist the vet with his/her claims, but these things have to be established. Next, then there is medical proof. These questions need to be answered. When your husband applied to VA for compensation, did he supply VA with copies of his Service medical records (SMR'S) and his DD-214-discharge papers or does VA have to request copies of them from the archives? Did your husband have any illnesses/injuries that happened while on active duty? Is he still seeing civilian doctors for these today? Did he start going to the doctor for his issues within a 12 month time period after discharge from active duty? For the Gulf war syndrome issues, there are presumptive issues, but these will have to be established with facts. Was your husband in the war or was he in service in that timeframe? That's a big factor and a VERY big difference. Meaning, if he was for example a soldier in the military at the timeframe the war broke out, but never left the USA for example, then he would be a soldier from that time-frame, but not a true GULF WAR vet. If he actually deployed to the Persian Gulf, during the time of war, this establishes "boots on the ground" and makes him a GW vet. I'm not trying to bust your chops here, I'm just trying to explain to you the differences and the issues VA faces. It's not just as cut and dry as a person thinks. The VA is required by law, to investigate these issues and look for the facts. A compensation and pension exam is a very expensive and time consuming process and the VARO/VAMC have to make sure their justified and needed. Next, thing is this: does your husband have a Veterans Service Org (VSO)? If not, then perhaps he should! A VSO will assign him a service officer, to help him with claims questions and issues. Plus, just for a bit of insider info, as a veteran, the vet has to remain actively involved with his claims! If you don't care, why should the VA or the VSO?? Meaning things like just sitting back and waiting on an exam and for 2 years....well you really need to get more interested in your claim and become more involved!! You don't have to call or email every day, but at least every 90-120 days, request some feed back on the status of your claim. The reason I am telling you this is as follows: you folks sent in his application for service connection, but did you know the application arrived at VA? Your best means for applying or doing anything with the VA is by writing and per certified mail, where it's signed for and you get a return confirmation. Next, if you're not interested in doing follow ups, why should VA be interested in hurrying or making sure this claim is actively worked? No reason, there are literally hundreds of thousands out there, who are!! What would you folks have done, if VA hadn't replied in say 5yrs? Would you still be waiting, thinking "dang the VA must really be busy or slow?" No, again I'm not trying to be mean or rude to you, I'm just trying to open your eyes to facts and simple mistakes, that can cost valuable time and money. The vets compensation starts normally(there are excpetions to this, but for the most cases this rule here applies) upon when the claim was received at the VARO-it's date and time stamped and signed for by a VA employee. If the claim was lost or destroyed, you have no proof you sent it-if you didn't send it per certified mail and to just wait for 2 or so years before reacting, that's just lost time and lost money!! Understand?? Next issue is this: if your husband is a Gulf WarI vet from 91, hopefully this isn't his first time to seek treatments for anything, especially relating to the GW syndrome? If so, then he may have a really hard time trying to prove service connection. Hope this helps and allows you to understand the issues he's facing on a wider scope. Sometimes, it's not just as cut and dry as the person thinks and once it's explained, the vet/family member see's that there is a bigger issue behind an application, than just handing out a rating. Again, don't take this as a personal attack, wasn't/isn't my intention, it's just meant to explain the situation and the process the vet faces and to try and inform you of some of the potential mistakes that can be /are made on the claims process. Whoop http://callartyinffe.proboards99.com/index.cgi?