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Found 13 results

  1. Hey guys, I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? thank you for responding.
  2. I'm a Gulf War veteran with 90% S/C for various conditions. Some conditions that have been denied have been frustrating since I'm still suffering with symptoms. How can I create a Nexus for sinusitis and sleep apnea? I'm 30% for asthma and tried to create a relation between sleep apnea and asthma, but that was a no go. I was thinking trying again and tying my PTSD to that. Any thoughts? I was also shot down on sinusitis from the get go, but I thought all I had to do was tie my gulf war time to that condition. I guess I was wrong.
  3. I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old. On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone. I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist. I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness. I had not had any sort asthma symptoms for at least 8-10 years prior to service. During rigorous running and physical training in boot camp, I had an asthma attack and had to go to the dispensary. I filed a claim recently for service connection for asthma because it was aggravated in service and I was treated for an attack in service. I also have a 40% rating for a knee condition and have not been able to do much to be active over the years. At my most recent yearly VA physical, my cholesterol and weight were both going up so I figured I needed to do something to get some exercise. Swimming laps is something suggested to me so I tried that and after about 20 minutes of laps I had to quit because I was having asthma breathing problems. I told my VA doctor who treated me with a daily inhaler and a rescue inhaler. Both have helped improve symptoms. The VA denied my claim for asthma saying it was preexisting. I had been asthma free for almost a decade prior to service. If regulations at the time I enlisted say I should have been disqualified for service, but they let me in with a presumption of soundness, what steps do I take in my appeal? My mother has written a lay statement of the chronology of my childhood asthma and when symptoms were gone. How do I show aggravation v exacerbation? What should a doctors IMO say? Thank you.
  4. What's up Fellow Vets, I am new to this site and I wanted to explain my case and get advise. I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me. Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states: a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary): Veteran reports excessive daytime fatigue and sleepiness, unrefreshing sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017 whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4 hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day. Does the Veteran's sleep apnea impact his or her ability to work? [X] Yes [ ] No If yes, describe impact of the Veteran's sleep apnea, providing one or more examples: he is tired throughout the day. His poor sleep has led to foggy thinking and poor short term memory. I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
  5. What's up Fellow Vets, I am new to this site and I wanted to explain my case and get advise. I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me. Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states: a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary): Veteran reports excessive daytime fatigue and sleepiness, unrefreshing sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017 whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4 hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day. Does the Veteran's sleep apnea impact his or her ability to work? [X] Yes [ ] No If yes, describe impact of the Veteran's sleep apnea, providing one or more examples: he is tired throughout the day. His poor sleep has led to foggy thinking and poor short term memory. I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
  6. I am 0% for Chronic Sinusitis and 0% for Allergic Rhinitis. For years I have had issues with Bronchitis and Bronchial Pneumonia. A VA physician stated that I was 'misdiagnosed' while on Active Duty. He said that I have Asthma due to Allergies in 2014. Since being treated for asthma my condition has improved. I am now doing immunotherapy (weekly allergy shots). I filed Asthma as a secondary to the Allergic Rhinitis and the VA denied the claim. I am also taking Allegra, Flonase, Singular, and Asthmanex. How can I prove to the VA that my Asthma is related to the allergies? Also, the VA refuses to perform CT of my sinuses for a higher rating.
  7. For starters, thanks for any and all help! I went to USAFA and graduated in 2011 and then served about 3.5 years before voluntarily separating during the budget cuts. So my final day was the last day of September 2014. That following Spring (2015) I began to have issues breathing and by June it was unbearable. It took them a month or so to track it down but they diagnosed me with Asthma. I breathe at 60% and use the highest dosage steroid they're allowed to give me now 2x/day every day. Additionally they found a little bit of AV Block and some times at rest my heart beat stops for upwards of 4s. They put a loop recorder in my chest in July of 2015 to monitor my heart. My time in the service was divided between 4 years at USAFA (I also spent a semester on exchange at USNA), two 2 month TDYs to lackland, and then a little over 3 years at Wright Patterson AFB in Building 1 (a building from the 1930's). I worked in contracting and spent my final year and a half in construction contracting. So I was often on site for my contracts which included a lot of time on site for a big HVAC project at NASIC and I oversaw numerous demolitions around base (I even got to break into a building in Area B once because CE didn't have the key for it, fun times). So I don't know if I have any sort of connection to the service or not. It's been frustrating. I've been healthy my entire life and then just months after leaving the service I came down with Asthma. My new work place is amazing and definitely not the cause (everyone in my new job is just fine and our building is very new). So maybe i'm grasping at straws here, but I shelled out thousands of dollars this past year in appointments, medicine, and having a loop recorder installed. It would be fantastic to hear I have an opportunity to get help with this. If not though, so is life. In the meantime, I'm going to send the initial documents to my local VFW service officer and they will represent my claim. I'm all ears for any advice. Warm regards
  8. I'm rated at 50% for OSA with CPAP but was declined "reactive airway disease" or asthma in my initial claim. I'm thinking about submitting a claim for asthma now that I'm on ADVAIR daily. Does anyone have any experience in winning this? However, been reading on HadIt which highlighted 38 CFR 4.96(a) §4.96 Special provisions regarding evaluation of respiratory conditions. (a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated. One post from 2010 pointed to BVA citation number 0610557 which indicated one interpretation of the above regulation as being that not permitting DC 6600-6817 from being combined and 6822-6847 from being combined but that a disability from each group could be rated separately. But I just found BVA citation 1448605 in which a veteran used this exact argument to attempt to separate his OSA and asthma, and the BVA found the opposite - that 6600-6817 and 6822-6847 could not be combined. So they've ruled both ways. I'm not the best at looking at CAVC cases, but I didn't see anything that addressed the interpretation in their rulings, although I easily could have missed something. Asthma is 6602 and OSA is 6847. Based on the more recent BVA decision from last year, it seems like it's not worth it from a rating increase standpoint. If I'm successful, the RO will combine the ratings and keep me at 50% for both as a single rating. My OSA is more severe than my asthma. If my asthma was worse, maybe I could argue for a combined rating of 60%? Is my understanding on this right?
  9. Dear fellow veterans. I have seen a couple of stories about such things going on with the VA claims and I just want to know what makes these overpayment/debt happen? I researched it online and still didn't figure out the whole detail of it. For example: does having an employment affect 100% SC disability (Not TDIU)? or If the C&P re-exam (after 2 years) proved to be better from your first C&P exam (claiming stage), and they deducted your rating from say 100% to 40%, would it mean paying for that past or changed rating also? (is that overpayment?) Also how about things that was the VA's fault? for example if the beneficiary had a PFT for asthma for first C&P exam, and it's results were normal, but due to a medical documents such as doctors report from military and official hospitalization with prescribed asthma medication, the veteran received 100% OIF/OEF asthma condition--- What do you think it would be? is it something the VA had messed up? because what if the C&P routine re-exam proved to be normal also but the beneficiary is still taking medicines without a notion that he/she is getting better? Could anyone please enlighten me on why as far as debt from VA is concerned (overpayment or so), what are the cases on which we as veterans might get LABELED as gaming it? because from what I see it looks like a double-standard? And that kind of frightened me because *what if* the VA THEORETICALLY thinks we are playing the game? Because, by God, If we have given them all they need for documents and they were certified too by the Navy hospital, would it be a case a beneficiary wins regardless of say the PFT test? Afterall,they probably won't give anybody an award in the first place if they think those documents were false i.e medical records and visits to the doctor for asthma in the military hospitals. Or I'm probably just paranoid too and stressed. Such for this case is my asthma on which I have normal PFT test when I first claimed, then they verified if I was actually using cortisteroid inhalers for my asthma giving me a 60% with matching depression overall. Then it also went to 100% once they verified that I was an OIF/OEF recipient due to the nature of my deployments. What do you guys think about this matter? Thank you for the kind reply and thank you for giving light to my question. I appreciate it very much.
  10. Good morining all, I have a quick question to all. I filed a claim for Asthma when I first got out of the miltary. At my C&P exam which was four months later the C&P doctor dignosis me with Asthma. I was denied service connect and not grant a percent because it was not in my miltary records that they could not locate at the time and still can't. I was recieving medication from va, and private doctors. Va said that they saywhere i had been treated for brochettis in my records but not Asthma. Now I have gotten as dignosis from a Allergy and Asthma spe. said that I have Asthma. Now what type of claim do I suppose to file now. New or what
  11. In 2009, I was awarded a 60% asthma rating for meeting "intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids" criteria. Since then, I have met or exceeded the number of treatments each year. The award letter included the following statement: How long does one need to continue meeting this criteria in order for the "likelihood of improvement" to no longer be a factor? Would an IMO be sufficient? If so, how should it be worded?
  12. Hello everyone, I have a question relating to the DBQ that is used for asthma claims (linked below). RESPIRATORY CONDITIONS (OTHER THAN TUBERCULOSIS AND SLEEP APNEA) DISABILITY BENEFITS QUESTIONNAIRE http://www.vba.va.gov/pubs/forms/VBA-21-0960L-1-ARE.pdf My DAV rep wants me to send in a DBQ and says it must be filled out completely, including the PFT values. My asthma was rated at 60% because I received 3+ courses of oral or parenteral corticosteroids within a 12 month period. Because my asthma is rated due to this criteria, not the PFTs, would I still need to have the PFT scores? Should my doc send in the DBQ without PFT's or should they simply enter the values of my most recent PFTs from about a year ago? Thanks
  13. I recently was honorably discharged and was advised to quick start my VA claim and did so. The VA on post has the following on my packet to get submitted for compensation: pseudofolliculitis barbae, asthma, allergic rhinitis, migraine headaches, cervical thoracic lumbar spine condition, sleep disorder (insomnia), nightmare disorder, adjustment disorder, and depression. I have two appointment, one physical and mental this week. After my appointments how long will it be before my benefits kick in and what percentage will each of my claims be or better yet be combined? thx for any answers or help...
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