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New Guy - Really Need Some Help, Please...stressed To Death :(


traveler

Question

I recently retired from the Air Force after 22 years. First 11 in the Army, second 11 in the Air Force. 3X combat vet, 12 deployments..45 years old and worn out.

I have already sent in my FDC, it was received on 8 August and, according to EBenefits it is "gathering evidence".

so my questions are:

How can I keep my claim from being denied? I have OSA (sleep apnea) and have had it since 2012......it was done at a VA hospital and they did both the sleep study and the 2nd part where they put the mask on and up the pressure until I stopped having symptoms....sent me home with a resmed S9 and things got really good! No more falling asleep at 1300 hours. I have been told since I am reliant on a CPAP, I'll get 50%...but then I read about some guys getting denied! I've lost 30+ pounds since retirement, but my CPAP is still registering me needing it, so I would THINK they won't order another sleep study....

Can I expect that my C+P Doctor (my C+P's will be at the VA hospital) will try to trick me and try to negate everything I have claimed?

everything I have claimed is in my medical records.....

I have been counting on this disability as part of my retirement income, but I am so stressed about it, I'm thinking I should just not count on getting anything. Problem is.....I deserve the compensation!

I did a FDC with 10 items, and all are documented in my medical records....so if they reject my claim, I guess the only thing to do is appeal and hire an attorney which will put me in debt for who knows how long.

Any of you guys that have been through this and can tell me about it, I would really appreciate it. Having GAD and PTSD, all this extra crap to worry about is turning me into a shaking, nervous wreck!

Not to mention dealing with a system where the VA staffers seem to be in no hurry at all to do anything. Really sucks.

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Mike is right. Be patient. You are just going through the anxiety that all of us went through while we were waiting on a decision from the VA. Try to find something to do to get your mind off of your claims.

Good luck to you.

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Thanks, guys.

I am due to send my SD chip from my CPAP in to the VA hospital for them to do their annual adjustment.

I also have a Dr. appointment with the VA clinic.

I just don't understand how some are getting denied, if they have it I ntheir records.....maybe they don't, as we only hear the part of the story that we're told, huh?

FDC's are supposed to be fast as, I the vet, am essentially stating "this is all I have", or so my VSO told me. So, why the holdup?

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Relax for sure. Pending on the VARO FDC are still running about 6 months. The biggest reason many Vets get denied is service records showing sleep problems and not OSA. In the past ten years it has been looked at more frequently than in the past. If you have any sleep issues the VA is likely to a sleep study, thus more cases are being diagnosed. The VA and Military like to blame it on obesity since 50% of the people are overweight, but doesn't that mean that 50% are not? With the big increase in claims, due to more testing in my opinion, it being an automatic 50% is more of the issue. I think it is worth the rating for those that have severe cases due to the long term effects. To get back on the point, there are more denials right now to please the powers that be. If it is already in your service record, even if you were to be turned down, I believe you could get it on appeal.

It is much more difficult to prove if you were in the Guard or Reserves as no one is going to send you for a sleep study during deployment. I unfortunately fall in this group. I have not been denied officially yet, but had a very negative nexus at my C&P exam. The biggest thing is to keep fighting for what you have earned, it's not charity, it's not a gift it is what was promised to us for serving our country.

So relax, keep reading on this site and you will see that there is a lot of people to guide, help and/or support you. Those who don't give up are successful more than not. Anyway, just my thoughts, good luck with your claim, welcome aboard, congrats on your retirement and most of all thank you for your service.

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thanks.

Oh yeah, my medical records and the records from the VA hospital, which I made sure were in my medical records state "Severe Sleep Apnea"...and 37 events per hour on the sleep study performed. That said, I don't easily trust anyone.

irritating that the County VSO would say the average is 106 days start to finish, then the State rep would say no, a lot longer. What the hell?

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Thank you for those long years of service!

"everything I have claimed is in my medical records....."

I assume you mean your military SMRs and I also assume you have a copy of them.

"I have been counting on this disability as part of my retirement income,"

That might well be the case, if you come under the CRSC or CRDP privisions:

http://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

We also have many other posts here and links to these programs as well as CRDPers and CRSC members.

"I guess the only thing to do is appeal and hire an attorney which will put me in debt for who knows how long."

Veteran attorneys dont get paid until you receive comp.

"Having GAD and PTSD, all this extra crap to worry about is turning me into a shaking, nervous wreck!"

VA will only diagnose one MH disability and will potentially diagnose you with PTSD, based on what you told us here,
if you fit into the post 2010 PTSD regulations in our PTSD forum.

"Any of you guys that have been through this and can tell me about it, I would really appreciate it."

Not a guy, a civilian, and a widow of 2 veterans, and I assure you that most of us here understand how you
feel because many of us are hardcore VA claimants.

Did you file the FDC within one year after your retirement date?

If so, the EED ( earliest effective date) will be the day after your discharge.

"irritating that the County VSO would say the average is 106 days start to finish, then the State rep would say no, a lot longer. What the hell?"

It all depends on many factors and no one really knows the answer to 'how long'.

NODs (a disagreement with a decision) used to take about one year for VA to deal with.

Mine has been pending over 700 days.

Mike and Barbamatt and the others who replied are right.

We all have been through these frustrations and just have to put up with it.

Do you have a county or state VSO helping you as your POA?

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I figure this doesn't apply to you but ill throw it out there as I'm pretty bored today and been posting a lot today. I had a claim for PTSD and GERD which the first got approved and the latter denied but both were denied at first anyway. Ill explain. With a lot of conditions it seems the VA likes to say it existed before service. My Wife who spent 3 years in the Navy Reserves said that she got that line when she filed for sleep apnea. She ended up getting approved. But, point is with someone like you that has 22 years in you have documentation in your SMR. But hang in there you'll be in my prayers and I hope you get it. Thanks for your service. My Buddy Catfish retired from the AF he told me he could never trade his blues for army dress greens... Haha

Edited by Memory235 (see edit history)
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Okay tanks again.

I have a complete copy of my medical records, and everything I have claimed is in the records, so the only way the rater won't see it, is if they don't REALLY look for it....if they just quickly skim through them, I could see where they might miss something, but even then, I think the 10 items I have claimed should be suitably documented.

I'll feel much better once the C+P visits are over.

I have talked to a few guys that filed here in South Dakota and their claims went through without issue.

I went with a FDC because I was told by my VSO the B.D.D. claims weren't working as planned.

Thanks again.

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