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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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prvet

[[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Sleep Apnea And Diabetes Ii

Question

Hi:

I went to a private MD for SA. I'm SC with diabetes II and NP in both hand and legs, 50% SC. He gave me this diagnose: "This patient has severe OSA with hypoxemia (!) and this explains the degree of hypersomnia and dysmtos. Also the onset of diabetes and OSA appear to be concomitant. In any case, he warrants therapy with CPAP. Will begin therapy with close follow up to ensure optimal CPAP compliance". Will this could help me to summit a claim? I need advice. Thx.

Edited by prvet

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good luck on that. there are medical reports out there that state sleep apnea has nothing to do with diabetes. If they were diagnosed at the same time or not is immaterial.

And there are md reports that link OSA with diabetes, and cases that had been win, lot of them. Could go any way.If you don't fight you can't survive. Thx

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good luck on that. there are medical reports out there that state sleep apnea has nothing to do with diabetes. If they were diagnosed at the same time or not is immaterial.

There are also reports that say diabetes causes sleep apnea and studies that show sleep apnea causes diabetes. I've found appeals favorable to the veteran for the latter both as a secondary condition and as an aggrivating condition.

It seems like it's a matter of the doctor saying the magic words. I've only seen vets get service connection of diabetes secondary to sleep apnea on appeal -- I'm wondering if anyone has ever got SC on first go around.

Appeal -- Diabetes secondary to sleep apnea (Citation Nr: 1307050)

Appeal -- Diabetes secondary to sleep apnea (Citation Nr: 0930255)

NIH: Obstructive Sleep Apnea as a Risk Factor for Type II Diabetes -- Aggrigated studies
Edited by Snake Eyes

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In talking to doctors and reading medical journal articles while I prepared to publish my Sleep Apnea book, "Put it to Rest!", I learned that the connection between Diabetes and Sleep Apnea is still being developed. However, there is a lot of evidence that is showing 2 things:

1) there may in fact be a causative relationship between Diabetes and Sleep Apnea. From what 2 docs and a couple studies taught me, the body's sleep function helps to regulate the levels of sugar (glucose) in the blood. Decreased sleep can increase blood glucose.

2) In some Veterans with certain types of sleep apnea, the sleep apnea itself can render the insulin largely useless. This is a bad situation to be in, for obvious reasons.

If you have diabetes AND sleep apnea, ask your treating physician if they can test to see if they are related in any way. Of course, ask a C&P doc - tell them in writing before your exam - but don't expect them to be up to speed on the more nuanced medical research. These docs mostly still believe that leeching is the way to cure medical ailments.

Here are a couple posts from the Veterans Law Blog about Sleep Apnea claims:

3 Powerful Ways to Improve your Sleep Apnea Claim and Maximize Your Rating

A Tale of Two Cases: Why 1 Veteran Won a Sleep Apnea Claim and the Other did Not.

Chris

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File your claim and work on it many good suggestions. Are you able to work? If not working should file for VA and Social Security.

Good Luck

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Great advice for those suffering with diabetes and sleep apnea. Hopefully more medical evidence will be developed connecting the two conditions. I would file and even it is denied the VA may eventually acknowledge the connection between the two conditions.

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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



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      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


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      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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