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What If You Can Not Get Use To Cpap Machine
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By NEWBIEFED
I need help. I first applied for benefits in 2016 and was denied in 2017 because the VA could not find my medical records. I was able to locate my medical records and I did a NOD. I filed again for the conditions and sent in my medical records. Fast forward to 2019. I was able to get C&P Exams at the end of 2019 and Jan 2020. My Sleep Apnea exam took about 3 minutes or so...questions were: When did you enter AD? When did you retire? Do you have a CPAP? I had submitted a buddy letter from the EX and my medical records showed weight gain, snoring, ENT problems, etc.I answered the questions and affirmed that I had a CPAP. That was all of the questions I had for Sleep Apnea. I had a few other exams and even a hearing exam. I was asked about my MOS/AFSC and told them the first five years was flight line work at a SAC base. I told them of the ringing in my ears and thought I'd be rate for tinnitus. My hearing exam showed I did not have much hearing loss. Fast forward again. I was asked to submit to additional exams for my feet and hands in Nov 2020. In any manner, I was finally rated at 20% for my feet and zero for my broken fingers. Since I had to file a NOD I elected higher level review by a DRO. My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.
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By Mg3
I was diagnosed with sleep apnea and issued a cpap. I’m currently still in the service. When I get out, will I have to re do the sleep study or will the one I did already suffice?
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By Ademily87
I was discharged January 29, 2011. During my time in I did not have a sleep study, but some sleep issues were documented. I filed for disability for sleep apnea through the VA January 9th, 2012. By Feb 22 2012, I had a sleep study. I was diagnosed with obstructive sleep apnea and issued a CPAP. After that my life turned into complete chaos with a divorce and losing my house to my wife. I moved probably 8 times between 2012 and 2014. In 2013 I got a call from the VA saying that my claim was about to be closed, and that I don't have evidence of service connection for my sleep apnea. They also told me that I had no medical service records on file. They extended my claim to give me time to get my records in and any other supporting evidence. I never got around to submitting my copy of my medical record (that I had made prior to separation just in case this happened) due to my life being a complete mess. By march 2014, my case was denied and closed. Comments are "STRs unavailable". Now 7 years later I'm working on getting this taken care of. I plan on doing a supplemental claim. The VA website says there's no time limit for doing a supplemental claim, but it's best to do it within a year of the decision. I have 5 buddy statements from fellow service members that were roommates and shared the same bunk room with me on duty for 2 years. I am working on getting a nexus letter from my primary care doctor. I also have email correspondence with a medical officer on my ship in November of 2010, requesting to be seen for possible sleep apnea, due to excessive snoring and stopping breathing in my sleep, to which he responded. I was not able to setup a date before separating that coming january. The email I sent read as follows: Dated 22NOV2010
"Good morning Sir, this is AD3 (my name) in IM-2 on CVN-71. I am having problems logging in to the computer today so I'm doing this from my Gmail if you don't mind.
I came to medical today but it was after sick hall hours and the personnel at the desk told me to email you rather than coming in tomorrow. I get out of the navy on Jan 28 and I have recently discovered that I could possibly have sleep apnea. My duty section leader brought it to my attention not too long ago and said I need to get it checked out. I asked my wife if she noticed anything different while I sleep and she said I stop breathing in my sleep quite frequently. I woke up the other day to my wife crying and she had me sitting up while I was sleeping because it scared her so much. I don't know what to do because I have never had any health issues before. Any help would be greatly appreciated, Sir."
"I have never had any health issues before" might've screwed me, but I'm not a Doctor, so I don't know. Will a copy of that email conversation between the medical officer and I help my case? Should I submit it as evidence as "seeking treatment" while on active duty? Any other advice/tips? -
By staticline
Hello and thanks for reading. I have tried to research the FAQ but keep getting the error message " We could not locate the item you are trying to view. Error code: 2F176/1", so hopefully this is not to repetitive. First a little bit of a back story- I have 44 years combined service for pay (Both active duty (combat) Active Reserve, NG and returns to Active duty for deployments. I used a state VA representative to help file my claim and during the process (the VSO) filed all my claims at one time. These included PTSD, Type II diabetes (presumptive), Tinnitus, Bilateral hearing loss, and sleep apnea, neuropathy in my left foot, right foot etc.
After an C&P I was given a 100% P&T for PTSD (service connected - Combat). My other issues were initially deferred. After looking at my information on eBenefits (still waiting of subsequent decision letters, I found the following (note I have completed all the C&P examinations as requested)
10% For tinnitus (service connected) 20% for Type II diabetes, (service connected) 10% for myopathy in my left foot, 10% for my right foot (service connected) 0% for bilateral hearing loss (service connected) and 0% for sleep apnea (NOT service connected).
So while I was surprised at the sleep apnea rating, I think that perhaps this was a result of the the way the claim was filed, in that it was not filed as a secondary to the PTSD.
So the questions then becomes, since I am not seeking SMC, as I do not presently see a real path to it in my present state, is pursuing the Sleep Apnea really a hill worth climbing, since as I understand it because I am already 100% service connected then the VA will provide my CPAP needs. So anyone out there see something I am missing, AND if I do seek to address the Apnea do I simply file an appeal to the decision letter or do I submit a new claim for the Sleep Apnea, as secondary.
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By 1454th Solider
I was just diagnosed for sleep apnea OBSA by the VA and I have a follow up appointment I guess to get my CPAP machine. Does anyone have any insight on what to expect from this initial appointment?
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
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adkins7b 3
I was wondering if anyone knew, what happens if you have sleep apnea but can not sleep using the cpap. I don't think the VA can lower you're rate or take it away, I actually think they should increase it because you can not get what you need to be fully rested. Always any feed back is appreciated.
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Stpn2me
Hello everyone! New poster, first post. 20 year retired Army Major. Backstory: I have a claim in now for SA and various other issues. Claim been in for the last two years. As to my CPAP, I hat
broncovet
Try to identify the specific problem you can not use a cpap, not just general cant use the cpap. Is the machine too noisey? Tell your VA sleep doc you need a quieter one or put machine further
Notorious Kelly
OOps- 1 more big thing: I had been cleaning my mask and face improperly and that was causing seal issues. Way I have now been told that works is: 1. Apply Dawn detergent directly around mask c
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