Sleep Apnea

[fedtech]

I went and had a sleep test done and the results showed I stopped breathing 103 times an hour for a durration of 15-27 seconds. If you figure that up I don't breath about 36 minutes an hour. My oxygeon level drops down in the 70's. The Army came out with a regulation in AUG 2003 and said if you have sleep apnea and it could not be corrected you would get a medical discharge. The National Guard discharged me due to that and as a result since I was a Full Time Federal Technician for the National Guard the Federal Employee Branch put me out on a disability retirement.

I am drawing a monthly retirement from the Federal Branch for disability. I had 22 1/2 years time since I bought back my Marine Corps time. I had 27 years military service in the Marine Corps and National Guard. Monday though Friday I wore the uniform and worked for the Indiana National Guard. On weekends I was a traditional Soldier So I had two incomes.

The VA says i am not disabled. I have been fighting them for over four years now. They say even tough I might have worked full time Mon-Fri as a Technician I was only in the service 39 days a year and the Sleep Apnea is not service related. The stipulation on my Tech job was that I had to be affiliated with the National Guard and when they kicked me out I lost my job.

I asked the VA to write me a note and tell the Federal Government I was not disabled and let me go back to work. They didn't see the humor in that. The Tech job for the Electronics slot is only paying $28 an hour.

The Fedearl Technician Branch say I am disabled and paying me a disability retirement, the National Guard discharged me because of Sleep Apnea. The VA says I am not Service Connected. Two agencies against one and I am in the middle.

How can I show a Service Connnection. I served the Government in uniform for 27 years. It is in my Medical Records about the test results. I have the letters from the Military Dept of Indiana Medical Branch showing I have Sleep Apnea and discharged me.

Somewhere in the 27 years I belonged to them I got Sleep Apnea. How can I get the VA to pay?

I also have Acute Achillius Tendonitus in both ankles from either preparation for or running the APFT each year. It was in my annual medical records. I can't even climb a ladder or go up several fights of stairs without my ankles hurting the next day. The VA said it is not Service Related. I don't know of anyone that could go out and just run an APFT each year and not prepare for it. The VA say that is not Service Connected.

I was expected to be ready each drill weekend and do my job according to Army Regulations. If they say I was only in the Military 39 days a year that doesn't make sense to me. My hair grew between drills and I had to get it cut before each drill to meet regulations, wouldn't jogging be the same in preparation for a APFT be the same? I had to maintian some sort of fitness

Does anyone have any ides on how to connect these to service

Thanks

FEDTECH

[longsonb]

"I believe you are confused as to the purpose of the VA. You need to separate your federal job from your nat. guard job even they both are in the same building. First if you were a civilan tech. You should not have been wearing your uniform during the week, that is a federal job. AGR soldiers wear their uniform during the week. I remember serveral years ago the higher up people wanted the civilan tech. to wear uniforms during the week, but that was overuled and never put into effect. Your nat. guard is during only 1 weekend a month except for summer camp or a weekend of extra guard duty a couple of times a year."

I hate to break it to ya but National Guard Techs wear the uniform every day. I am AGR, I know. The State Adjutant's General (2 stars) are techs. With that being said, Techs still must service connect disabilities in order to receive compensation. If the sleep apnea was diagnosed while on orders of 30 days or more or while deployed, it should be easy to service connect.

[longsonb]

All National Guard soldiers perform duty under Title 32 USC Section 502(f) unless placed on orders under a different authority. When Federalized, they are moved to Title 10 USC. Even when performing drill or Inactive Duty for Training (IDT), it is still under Title 32 USC 502(f). National Guard soldiers ARE eligible for disability claims that are a result of or directly connected to thier military service. As far as sleep apnea is concerned, it has to be diagnosed while on active duty as ordered by their PCM. This would be done while on long tour orders. I have never seen this done while not Tricare eligible. You can't just go on AT and go to your civilian doctor and be diagnosed. There has to be a CLEAR military connection.