navydoc2

Congrats Maurice, that is good news. I am still waiting for my hearing date so hearing a positive report is encoraging. /doc

The VA sent me a form to request IU, and I filled it out; a few months later I was granted IU. I mentioned in my SOC that I was unemployed due to my SC conditions. So I guess I am one of those few who the VA inferred a TDIU claim. It was awarded back in '09. Like Carlie says think happy thoughts! Good luck. /doc

Good news, good luck in school.

Jusurluck, Do you get records of your appt's each time you visit? I think ROI will be able to give you copies of what you request. Unfortunately psych notes need to be released by the doc before they are given to you. If you have any of those you might want to call the doc now; so they can just print them out for you when you get there. I'm glad you were home. Good luck /doc

Thanks Pete. No I have not had a sleep specialist evaluate me. I will do request that at my next primary care appt. That is coming up in the next few weeks. /doc

I have been looking for a hobby to fill some of my time. They have lit a fire under me this time and I will immerse myself in VA regs and info. All the information that I've read has said that obesity is a major contributor for sleep apnea. Let me know how things go. Good luck. /doc

It says replaced annually, do you know how much that is? I think the VA has awakened a sleeping giant in me after denying my last claim. I love to read and if its evidence they want I'm going to bury them in it. Thanks for the info. /doc

Don't worry Waldo alot of us have been there. I was denied my first time. I hired a lawyer for the reconsideration and waited 9 months just to get denied again. I am waiting for an ALJ hearing. Thats where I'm at right now waited for a date. Don't give up the longer they wait and you remain out of work, makes their case that you can work weaker. Good Luck. /doc

I went to see my VSO to file a NOD on my claim denial for sleep apnea. He told me I had a year to file the NOD. He would like me to get more evidence; since I can't afford an IMO, I was wondering if I could use medical literature that connects obesity to sleep apnea. I already have a statement from my former psychiatrist that he stopped the abilify because it put significant weight on me. That is my claim in a nutshell that the weight gain from the psych meds caused my sleep apnea. I would like to know if some of the medical evidence can come from citations that were published here in the America, but originate from say Canada. I'm sure that I can find lots I've started looking as soon as I came home. I figure that maybe I will get lucky when I write these individuals to ask for permission to use their work, someone my give me a statement supporting my claim more directly. What do you think. Thanks. /doc

Congrats. That is great news.

I became eligible for VocRehab in Sept 06, and was in school for the next semester. Like JR says it is usually pretty quick once you have done the interview and testing. I think all thats next is you turning in your program of study, as long as its approved you will get a letter from them telling you how much you are going to receive each month based on your hours of study. I don't know if you are aware of this but you also are eligible for dental care while you are in school. Good Luck. I agree with JR it is a great program and a great opportunity for vets. /doc

That is the very reason they gave me on my denial of sleep apnea. /doc

Thanks for the replies. She received SS for their daughter until she turned 18; she is not old enough for SS for herself she is 48. I am recommending that she hire a lawyer who has VA experience since it is a 13 year old claim potentially, I think a lawyer would take the case. The daughter just received a letter from the VA stating she is eligible for chap 35 beanies. He has another daughter who is 37, would she be eligible for benefits as well? /doc

Thanks for the reply PR. What basis are you suggesting a CUE, may I ask? Thanks again. /doc

I take several BP meds myself what meds are you referring?

Thanks Berta, you rock! I was reading several post here on the subject. Which led me to believe she may be entitled to DIC based on the fact that he was P&T at time of death and it could be considered "as if". That is what I'm looking for clarification on. He was driving; in fact he was on his way to the VA for a dental appt. I don't think that an autopsy was done since the accident was pretty violent and graphic. I would have to check and see what meds he was taking at the time of the accident. I will ask her. I found this in a thread here earlier that led me to believe she may be eligible. "Survivors are eligible even if the veteran's total rating was not based on a schedular evaluation of the service connected disabilty but on individual unemployability." NVLSP VBM 2005 Ed Page 542 They give example as say the vet was rated for SC IU for ten years prior to death- she had a total SC psychiatric condition,precluding employement. The death makes that disability permanent as it has lasted the veteran's lifetime. The surviving husband of this veteran could be successful in a DIC claim. I would think that this surviving spouse should request either direct SC death -(as the veteran's SC COULD have in some way contributed to her death based on medical evidence or an IMO)or DIC under the Sec 1318 award. I will research Sec 1318.

Wow, this is interesting to me. My RO in Muskogee, OK requires that you tell the person when you check in for your appt that you are eligible for travel. You have to show receipts for tolls or bring your pike pass in with you. Then after your appt is over They give you a form to take to the cashier, who then gives you your money. I don't think I've ever waited longer than 15 minutes. I do have a problem with one cashier who just rubs me the wrong way because she is so rude. She always seems to have a scowl on her face. I live about 55 miles away round trip and my travel pay is 36.00 after the co pay. /doc

Congrats.

I am trying to find out if my suspicions are correct that my sister in law should be receiving DIC. Her husband was killed in a car accident on his way to the VA. This was 13 years ago. They had been married for 13 years at the time of his death. She received SS for her daughter for 8 years until she turned 18. She then started receiving a widows pension, and was told that she could not receive both SS from her husband and widows pension. Her daughter is 23 now, and applied for benefits where she was awarded chap 35 DEA bennies. Doesn't that mean my SIL should have been receiving DIC from his death? This would really help her out greatly since she is struggling to make ends meet on the widows pension. Any help would be appreciated, Thanks. /doc

I've been keeping a cooler in the garage filled with ICE and drinks when I'm smoking lol, gotta beat the heat somehow. enjoy!

Papa I would have said no to that myself. I can make a copy of the insert for abilify; as well as my psychiatrist saying he was stopping it due to significant weight gain. I started abilify weighing 200lbs after I was taken off of it I weighed 285, let me tell you that was life changing for me. I have tried but am having a hard time getting it back off I keep losing and gaining the same 20 pounds. ARg!

I understand your point Carlie, however wouldn't the BOD rule play into this. I don't know if getting my tonsils out will help as long as I'm close to 300lbs.

Thanks all for the replies. Berta I'm not sure what you mean by "nexus is missing per the VA." I do have the progress note from my VA psychiatrist, saying he was d/c the abilify because of significant weight gain and it not working. "The evidence does not show that sleep apnea with continuous positive airway pressure (CPAP) related to weight gain is related to the medication you take for service connected condition of major depression, nor is there any evidence of this disability during military service." In my opinion you would need an IMO to support that the weight gain is due to the SC meds.Did you send them any strong internet print outs that show the med you take causes this type of weight gain? Even if you did send them that as evidence, however, they would be more willing to consider tat type of evidence if it came from a doctor in support of your claim- with a full medical rationale. Also the nexus is missing per the VA. Is there anything in your SMRs that they overlooked? In your 201 file? Any documentation you were late for duty due to oversleeping? Or fell asleep on duty? Do you have any buddy statements saying you snored loudly in service?

osa edit2.pdf

I recently received my denial letter from the VA a few days ago. I had started a claim for sleep apnea with C-PAP secondary to weight gain from psych meds namely abilify which put more than 70 pounds on me in the year and half I took it. I am currently TDIU service connected at 80% with 70% major depression, 10% left knee, 10% tinnitus. I was seen by my psych nurse practitioner initially in Sept 09 where she first suggested I talk to my primary care Doc about sleep apnea. I did that and was scheduled for a sleep study in late Nov 09. I was issued a C-PAP and then started a claim. This the reasons and basis for the denial. EVIDENCE: * Service Treatment Records Feb 1990 - Dec 1998 * VA Form 21-4138 statement in support of claim received Nov 10 * Outpatient Treatment Records May 10 REASONS AND BASIS FOR DECISION: We have denied service connection for sleep apnea with CPAP related to weight gain due to depression medication. Service Treatment Records are negative for complaints, diagnosis, or treatment of sleep apnea. In your statement received Nov 10 you informed us you were claiming this because of your significant weight gain due to medication for depression. Outpatient Treatment Records obtained and received in connection to this claim presented you reporting you have sleep apnea. Entry dated Jun 10, presented you reporting you get headaches if you do not wear use CPAP. Entry dated May 11 shows you were issued replacement CPAP supplies. The evidence does not show that sleep apnea with continuous positive airway pressure (CPAP) related to weight gain is related to the medication you take for service connected condition of major depression, nor is there any evidence of this disability during military service. Attached is the sleep study I was sent to by my primary care doctor at the VA. How could they say there is no outpatient record of it; when it is the VA docs who sent me for a sleep study to rule it out? Also I was issued the CPAP by the VA after the sleep study. Please help or guide me in the right direction after reviewing information. Thanks in advance. /doc