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Could I Be Stretching My Imagination?


Jack

Question

A friend of mine who was in the Air Force and had developed “Cellulitis” spent exactly Twenty Four days in the hospital, the records indicate in 1973 he had trouble sleeping and that he was given Dalmane for sleep along with Darvon and Codeine for pain along with Penicillin at Two million units his left leg lymph gland had swollen to the size of a golf ball, he was placed on shock blocks off and on for the entire stay in the hospital.

Ever since this time in the Hospital he felt tired so he had a sleep study done and found to have severe sleep apnea the study was concluded in 2006 he has been on CPAP for treatment with somewhat mixed results.

Would any of this report be of value in providing a nexus for sleep apnea? All it states is Dalmane given for sleep. The report is from Willford Hall medical center USAF

Further he has just completed a full body scan at the age of 55 and found to have fibrosis / scarring with bullous changes in the upper lungs, with some Mediastinal nodes measuring 1 cm in size he claims and his DD214 shows he was a fuel handler He states that he had been drenched in JP4 and inhaled some up his nose during an accident he states his cloths were soaked with fuel and claims that he has had difficulty with breathing ever since the accident he also states that all that was done was an incident report I have requested for and have heard nothing on these reports.

He also claims that a Dr diagnosed him with non Hodgkin’s lymphoma his records are silent for service in Vietnam He claims that while stationed at Norton air Force base he was subjected to Air Planes and copters that came back from Vietnam that had spray rigs attached to them.

He also has severe osteoporosis

Is there a way to help this person get service connected on any of the topics I have covered? Or am I just wasting my time. Please advise

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I think your friend should definately apply for compensation..sooner is better than later. It sounds like he was diagnosed with sleep apnea IN SERVICE..with CPAP is 50 % SC. By the way, if you dont know this 50% Service Connection means, it means $712 per month plus an allowance for dependents, plus other benefits. However, his Doctor will need to state something to the affect, "Sleep apnea was at least as likely as not caused by military service".

The doc may also say, "Sleep apnea was Most Likely caused by military service" which is also good. However, if he says it "could be (or might be) caused by military service" if will likely throw his claim into limbo, so he should ask the doc to use one of the above bold statements. (Some C&P doctors know to use this language, but others do not)

Also, there is an agent orange presumption that your friend might be eligible for.

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He was not diagnosed in service for any sleep disturbance, just during this period of time while in the hospital, I do follow your drift for a Doctors statement. As for the Agent Orange presumption I thought he had to be in country for this to be presumed?

Thank you for your input

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i would like to gently disagree with chess, i think the claim for sleep apnea has very little chance of success, regardless of whether your vet can get a private doctor to write a note stating it is "at least as likely as not" that sleep apnea diagnosed in 2006 is due to military service in 1973. doctor's statements are only as good as the rationale behind them. i do not see the link between being medicated while in the hospital in 1973 and the development of sleep apnea more than thirty years later. by all means file the claim, i would never discourage a vet from filing a claim. but i would not be as optimistic as chess.

the presumption of herbicide exposure will not be accorded to someone who remained stateside and worked on airplanes that were involved in spraying or transporting Agent Orange.

as for the fuel exposure, to pursue a claim for disability on this basis, you would have to establish that a medical link exists between exposure to this type of fuel and the subsequent development of a specific disability. a doctor's statement could be helpful here, provided the full body exposure to fuel was documented. but the doctor's statement would have to be backed up by the doctor's reason for believing there is a link. a simple "as likely as not" statement will not do here.

sounds like your vet worked the flight line. does he have hearing loss? tinnitus? might want to submit those claims.

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Wow - entropent must have been a rater hahahahahahaha......he has hit the center of the x mark on this one. This claim just does not hold water. Sleep Apnea without continuity of symptoms will be a no go. I really should not post I guess as I can not make it any clearer than what has already been provided. Good luck if you decide to assist this vet.

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There is medical evidence that the man while in the service had sleep disturbances. If its a fact that it continued he may have a case if a Medical Opinion can link it. I would file the claim and see if its possible to prove it.

When I was drafted they had a national Guard type who had failed to go to meetings who was put in with us and snored so lud you could hear him throughout the barracks. After two weeks one day he was gobe and no one saw hum again.

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Oh but Contrair! See attached BVA decision on Sleep Apnea secondary to PTSD. In that decision the BVA stated "FACT: There is competent medical evidence that Sleep Apnea is secondary to PTSD."

The vet had no incidence in service and claimed none. There were several IMO that stated it was "As least as likely as not" and several VA doctors that opined that "It is not likely" and blamed it on the obstructive sleep apnea, his being overweight and the like.

The reasonable doubt rule was applied by the BVA and ordered service connection of Sleep Apnea secondary to PTSD.

http://www.va.gov/vetapp01/files01/0102100.txt

Sleep_Apnea_BVA_Decision.doc

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