Questions....and Maybe A Little Venting...

[joeyjoeyb]

I will probably get beat up on this, but am just not sure what to think these days. I will not go into great detail, but here is some back ground. I was diagnosed with sleep apnea 89 days after I retired from active duty. I waited to get a sleep study done for a few reasons, but the main one being this. I was told in my transition assistance class about 6 months before I retired (from a VA rep), that I had a year after I retired to get something service connected that is not in my service medical records. So I knew I had plenty of time to get the sleep study done after I retired. So a few weeks after I retired, I went to my PCM and requested a sleep study and was diagnosed with OSA and got a CPAP machine issued to me. (I had to pay about $300 out of pocket, as tricare paided 80%) My C&P exams were in April of 07 and gave the NP my sleep study and thought all was good. Denied because nothing in my SMR. So I got a VSO to help me. He told me flat out that VA will stick the "law" and not grant me service connection for something that is not in my service medical records. So I got buddy statements, a statement from me, my wife, a letter from my primary care manager and was denied again. This time they said that lay statements will not satisfy the burden of proof. So I filled a NOD De Novo review in Feb of this year. I got a letter from my sleep doc and submitted that as new evidence. So now I am in wait mode again.

So my questions are this. If lay statements to do work, how come when you search the BVA cases like this one....http://www4.va.gov/vetapp09/files1/0903559.txt

And the person won with ONLY a statement from his wife. Come on VA!!! I see people that have gotten SC with much less than I have at other RO's. (Mine is Atlanta) Alot of people have told me, including people from this board, that I will win "eventually". But why go through all this? I would be just fine with the decision if there was not so much subjectivity on everything. If the there were just rules that said "if you do not have anything in your SMR, you will not be granted SC", I would be ok with that. But do not get my hopes up and make me try to establish the burden of proof, when that does not work either. So when I see a case like the link above, what I am supposed to think. "Cool after 6-8 years, I will get it, when I should have gotten it to begin with". I mean, is this just a classic case of job security at the RO level? They deny, so the supervisors have a job...in turn they deny so the BVA has a job? Just does not make any sense. Like I said, if there were just rules out there that were set in stone, I would be all good. But I will have to just wait in line to eventually get something I should be service connected for years down the line.

There are alot of people out there that should get service connected for things alot worse than OSA, I know that. I am just trying to go by the "rules" and am just not sure what the "rules" are.

[Berta]

THANK YOu Allan for correcting me- Yes 7 years presumptive period for Multiple Sclerosis-

Thanks!

Joey said "I submitted buddy letters and a letter from my wife that explains alot of symptoms."

Did VA acknowledge the buddy statements at all?

Did the Buddys give their unit and MOS and tell VA when and where they served (which VA compares to when you served)and how they could give eye witness account of your sleep habits inservice?

[joeyjoeyb]

THANK YOu Allan for correcting me- Yes 7 years presumptive period for Multiple Sclerosis-

Thanks!

Joey said "I submitted buddy letters and a letter from my wife that explains alot of symptoms."

Did VA acknowledge the buddy statements at all?

Did the Buddys give their unit and MOS and tell VA when and where they served (which VA compares to when you served)and how they could give eye witness account of your sleep habits inservice?

Hello Berta,

Thanks for asking about the buddy statements. The VA did acknowledge them in the decision letter I posted in this thread. My buddy letters all tell the squadron I was in and what they did for the military. Here is the letter from my wife:

My name is XXXXXXXX; I am the wife of XXXXXXXXX. I reside with my husband at XXXXXXXXX. I have known my husband since September 1997, and we were married in June 1999. I have been with my husband every day since 1997, except when he was assigned to temporary duty (TDY), and have observed the effects of significant sleep disturbances throughout the duration of our marriage.

Whether sleeping at night or while napping, XXXX routinely snores. Over the years, the snoring has gotten progressively louder, and occurs during every period of his sleep. In addition to the snoring, I have often observed him experience periods of silence and pauses in breathing during his sleep. Following these breathing interruptions, XXXXX will gasp for air, and either wake up or resume snoring.

XXXXX snoring is a major contributor to his overall restless sleep. While sleeping, xxxx routinely moves his legs throughout the night. Our bedding is regularly disturbed; sheets become twisted, blankets and pillows end up on the floor, and I have witnessed visible signs of wear on our fitted bed sheets at the location of xxxxxx feet. For years, xxxxxx has complained of daytime fatigue and frequently makes statements to the effect, "I feel like I did not sleep at all." As a result of xxxxx restlessness, I often experience daytime fatigue as well. It is not uncommon for xxxx to move to the living room or guest bedroom during the night. On numerous occasions I have asked xxxxx to move to the guest bedroom as a result of his snoring. On many other occasions, he has relocated due to his restlessness or concern that he will wake me from my sleep.

It came as no surprise to me that xxxx was diagnosed with obstructive sleep apnea and periodic limb movement disorder. I can attest with certainty, the symptoms associated with these diagnosis's were present for many years prior to the diagnosis date.

I hereby certify this information is true to the best of my knowledge and belief.

[Berta]

"Did the Buddys give their unit and MOS and tell VA when and where they served (which VA compares to when you served)and how they could give eye witness account of your sleep habits inservice?"

I meant did the buddies state that you had sleep problems such as heavy snoring etc, and lost time from duty or were hard to wake up or sleepy all day?

And that they slept in the same bunk or rack area as you did?

My daughter (a Veteran I am so proud) helped 5 or 6 vets gets awards and one even got the DFC! Distinquished Flying Cross decades after the fact!

These vets compared notes as to a major stressor that the DFC and their belated awards involved.

Two had PTSD rating already for it and two were going to apply for PTSD comp.

My point is one of the vets buddy statement for one of the PTSD vets who needed stressor verified explained in a buddy statement for him-

his incountry MOS-(he attached copy of his DD 214 to the buddy letter)

the time and place of the stressor

the fact that the other vet also was there witnessing and participating in this horrific combat event.

He also gave VA his own C file number and said his PTSD is directly due to the same event.

He described in detail how the other vet was involved in the action.

He got his Buddy Statement Notarized-the other vet won his PTSD claim and as I mentioned my daughter got him combat awards he too never knew he had-

All of these men were highly decorated veterans after my baby girl helped them- and also they all got their proper comp.

A buddy statement has to be more then a few lines. I hope this helps you or someone else.

[joeyjoeyb]

I wanted to thank everyone for their replies. I just get a little bummed out sometimes when I know that I should get service connected for this. I will just do what alot of you say on there.....go grab a pole and fish for a while. I have only been waiting 2 and half years....what is a few more going to hurt? LOL Thanks again