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Sleep Apnea Win

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adkins7b

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I finally won today on sleep apnea. I filed the claim july of 2011, but on the ab8 letter it says effective date december 2012. Does anyone know why? Will I get paid from july or december?

PTSD lost have two doctors diagnos me but are civilians. The Va won't take me because my second discharge was other than honorable. I won the sleep off of the honorable discharge, all my claims where based off of the honorable period.

I will appeal and appreciate all the help this site has given me.

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Which letter says that? I was confused at first when I saw my benefits letter (on ebenies) because it had a date like that. The date on that letter (says your disabled, at %, monthly comp... I think it's the A8 but don't quote me on that) is the effective date of your current monthly payments (which changes every year, going up).

If you haven't gotten the big brown envelope yet, wait for that, it will have all the dates you need. If that doesn't say effective July then you might need to fight a little to get it back dated.

As for the other aspect, I'm not sure on how that all works, there are others here that might be able to help you.

Edited by Valsacar
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thanks that makes perfect sense, i'll wait for the envelope.. claim went from notification to finalized in one day.. I had so much stuff on the ptsd and bipolar and nexus letters..

I am surprised i won on the sleep apnea because i was diagnosed on my oth period.. but I complained and was scheduled for an appointment for sleep study but work change missed it.. I probably had 8 complaints over 3 years and a few mentions of sleep apnea in there. Two years into my oth i finally got a sleep study done.

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OTHs can be changed sometimes.

Was the PTSD stressor from the second period of service?

http://38uscode.com/booklets/Issues/OtherThanHonorable/OtherThanHonorable.pdf

In part:

The in between categories, administrative “Other than Honorable” discharges, and punitive

“Bad Conduct Discharges” issued by

special

courtsmartial,

may or may not

be disqualifyi

ng for purposes of general VA benefit eligibility or VA health benefits eligibility

specifically. In assessing whether such discharges were issued “under conditions other

than dishonorable,” VA must apply the standards set forth in

T

itle 38 Code of Federal

Regulations (C.F.R.) §3.12

I answered your other post here today as to the PTSD denial, but didnt see this post until after I answered it.

I asked if you could let us know what the actual decision says when you get it, as to their reasons and basis for the PTSD denial.

Now I ask if the VA made a character of discharge determination ….which the decision will reveal.

It would be good if you could cover the personal stuff, name ,address, C file number, and scan and attach the entire decision here when you get it.

I think a lot of these OTHs have been Mil BS for many vets from many periods of service...discharges that derived from either a vteran wit mental health issues or from some

90 day wonder, or from a need to reduce the forces and prevent re enlistments...in Peace times.

Just my opinion....I am a civilian. I had a UD changed for someone many many years ago,who had a prior HD service period , which had something to do with President Carter's pardons and a bogus Army court martial situation.

Have you ever filed a DD 149...the form is here:

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

Have you ever gone through a DRB or BCMR? As explained here:

http://www.calvet.ca.gov/Files/VetServices/Module19C.pdf

Have you ever filed a DD 149...the form is here:

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

Certainly an OTH cannot be canged in every case but here is a vet who fought the OTH and won:

http://www.americanhomecomings.com/news/2012/07/13/veteran-fights-for-benefits/

I am glad you are willing to appeal this decision and we can try to help you if we see the decision when it comes.

.

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You might look at trying to get that OTH changed. You have been diagnosed with two significant medical conditions, the lack of treatment of those conditions could have directly contributed/caused the behaviour that earned you that OTH discharge.

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