Got Bad News Today

[schauba]

I am currently 60% and work for the city where I live. My job title is driver, so I make a living driving commercial vehicle's for the city. Went to the Va today and here is what he wrote. Mr. so and so is followed in sleep medicine for obstructive sleep apnea with residual daytime sleepiness. Because this condition is characterized by daytime sleepiness, this puts Mr. so and so at considerable risk driving motorized vehicles. We recommend that he refrain from driving any motorized vehicles or operating dangerous equipment indefinitely. We are diligently working with Mr. so and so to treat this disorder and once we see improvement, he may be released to drive again. Please accommodate him in our request. Signed by RN,ACNP-BC(Nurse Practitioner)

I have forwarded this letter to my DAV REP any suggestions on what I should do? Thanks.

Edited September 14, 2012 by schauba

[broncovet]

Are you on, or getting a CPAP? My CPAP got rid of daytime sleepiness. If so, it may be only temporary.

[schauba]

I have the cpap machine and I use it everyday... I have also had 2 night studies and 1 day study. I am not service connected for sleep apnea so the VA gave me all the equipment and tests at no charge.

[john999]

For your own sake you should probably not be driving. I hope your employer will accommodate your disability. If your city will not accommdate your disability I would consider getting some feedback from an employment lawyer. The VA will probably say that you are not TDIU because there are many jobs that don't require driving. The VA does not care about the employment situation in your city or area. Does your employer provide light duty assignments for disabled vets? I worked for the government and they did accommodate me after me getting medical proofs. I could no longer work nights and the Feds did accommodate me after a brief and intense fight where I filed for worker's compensation. I have apnea also and I fell asleep yesterday sitting in a chair in the middle of the day. I don't remember being sleepy at all. Neither the DAV or VA can make the city change your job duties but EEOC laws may be able to help you and their may be information in your city's work rules that provide accommodation.

John

[schauba]

Thanks for your comments... also would like to mention that they have me on modafinil 100mg tab. Which says on the bottle take one tablet by mouth daily for excessive sleepiness/speep apnea. Take early morning. I explained to the doctor that this medicine gives me really bad headaches. His response continue to take for one more week to confirm it is this medicine causing the problem. If continues he said he would put me on Riddlin :(

[schauba]

I am currently not service connected for speep apnea... I have my medical records, but don't recall being treated for this while on active duty(not in my medical records). Would I be able to claim this now?

[Berta]

You should file a claim for it as, if you are to become unemployed, this would help you attain TDIU ,if it is service connected.

Can you get buddy statements from unit buddys that can say you snored a lot in the Military?

Does your 201 personnel file (if not your SMRs) reveal any duty problems due to falling asleep while on duty or things of that nature?

What is the 60 % SC for, as maybe that could have caused the apnea as a secondary condition.

How long have you had the 60% and have those disabilities gotten worse?

Let us know what the DAV response is.

John and I both have had EEOC experience and I agree that they would have to accommodate you,unless this becomes so serious that you need to retire from the job.

The city you work for has to have ,visible usually in their main lobby, as well as on their web site, a full statement of their ADA EEOC policy involving disabled veterans.