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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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Obstructive Sleep Apnea Without Diag In Service


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Im wondering if anyone has recieved comp for sleep apnea that was NOT diagnosed on active duty.

I was denied but plan to appeal the denial. I initially claimed it as a presumptive condition from the GWI list as " sleep disturbance." va denied me. I have the CPAP machine and it helps but I cant wear it every night due to sinus issues/.

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thankd Megp Im going to take a closer look at my med recs and see exactly what is notated. the VA can put whatever spin they want on it but here are the facts/ Sleep disturbances are presumptive

wont effect those that are already service connected at least that's what we are being told. My only reservation about the whole thing is that our 2 houses of politicians will have to change the law a

Sorry to butt in, but I just got back from picking up my cpap machine from the VA and was told to submit a claim by another vet who was there. I wasn't diagnosed in service but I am 50% for PTSD. Wh

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sleep apnea is like any other disability, it has to be diagnosed while on active duty, UNLESS it falls into one of the following categories; presumptive due to certain assignment areas (which it has not been made a presumptive disability), secondary to a current service connection and lastly, or if it is listed in 38 CFR, chapter 1112, which it is not. That is why you were denied.

I would look at what symptoms you were having when you were diagnosed with sleep disturbances. What medication were you prescribed when you were diagnosed with sleep disturbances? Sleep disturbances and sleep apnea is two different disabilities with their own symptomology.

Anyone with a size 16 1/2 neck will have some type of sleep disturbances/apnea, which is one of the reasons why VA is eliminating sleep apnea from the 38 CFR, sometime in 2014-2015, or at least it's what we are being told.

I think I have told you before, any veteran can submit an NOD, but if you do, make sure you have the medical documentation to support your claim.

I have assisted a few veterans that had sleep apnea rated as service connected. They were all on oxygen and had IMO's from pulmonary docs that provided one hell of an IMO as too their condition and providing the nexus. So it can be done, it's not impossible.

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thankd Megp Im going to take a closer look at my med recs and see exactly what is notated.

the VA can put whatever spin they want on it but here are the facts/

Sleep disturbances are presumptive for GWI.;

A medical doctor employed by the va, diagnosed me with a SLEEP DISTURBANCE called SLEEP APNEA.

ITS all there in black and white.

YET the va denied me compensation and says under thier " criteria " it isnt presumptive.

A 5 year old child can understand what is going on here.

Same way with scars. VA terminology to deny calls scars SUPERFICIAL. If you look up how scars are described in the =medical community, theres 3 definitons of types of scars, and superficial is not used to describe a scar. vs uses wordplay to downplay severity of injuries or ilnesses. how can a scar be superficial? you cannot have a scar above the skin.. it would be in thin air. If there is a scar, it must be in one or more layers of the skin. When I had my kidney operation they cut thru all 3 layers of skin, thru layers of muscle thru layers of fat, until they opened my abdominal cavity. YOU CANT GO NO DEEPER .!!! the scar is 13 inches long and 1/4 inch wide.

The cp examiner claims it was 0.01 mm long and SUPERFICIAL// you see what they do? that was no mistake. they look in detail for any angle to use to deny you. you must remain vigilant. READ YOUR MEDICAL RECORDS, READ YOUR CP EXAMS, READ YOUR DENIAL LETTERS VERY CLOSELY. look at each sentence as a stand alone statement. does it hold water?. the reason I say read each sentence as a stand alone statement is ive studies how the va writes paragraphs to deny. each sentence is usually very bland with little detail, and they do several of these, but at the end of the paragraph, they will quote a very specific law or regulation, to tie those very bland sentences to to try and convince you that the ALMIGHTY LAW has been spoken and it applies specifically to you, and you are wrong and they are right. BREAK IT DOWN. everything they state must be completely accurate, or you can challenge it.

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Megh

What about the veterans that are already SC for sleep apnea. If they cut that condition out of 38 CFR will everyone that is SC loose that condition rating or will they grandfathered clause in for vets already rated?

wont effect those that are already service connected at least that's what we are being told. My only reservation about the whole thing is that our 2 houses of politicians will have to change the law as it currently reads. Again, we have been told that the resolution is already drafted and in committee. They can place what ever effective date they want on it. Personally, I don't believe when they make the change it will effect those that have already been SC for SA. Those veterans received the disability under the law that was written at that time, so I don't believe that will be effected.

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