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Sleep Problems/sleep Apnea And Hemoroids/rectal Bleeding


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Question

Good Evening Team HadIt and the Community Members,

It has been a LONG TIME since I've posted or commented. Been staying busy and trying to Live "One Day at a Time"

Question, this past June I applied for a Few New Service Connected Disabilities and to re-open a Claim for Sleep and Hemoroids. Well, the Great News is that (1) one of my Disabilities has increased from 10 to 20, received a New Rating for one @ 10% and another @ 20%. Honestly, I didn't think either one of those would get rated and that the Sleep and Hemoroids would.

I was Denied Service Connected for Sleep and Hemoroids and when I originally Filed in August 2005, I was denied after receiving my Rating in 2006 - BUT, I did not appeal the Decision during that (1) one year period due to "Lifestyle" Choices I made - i.e. Drug & Alcohol Abuse, Homelessness, etc. So, I had no idea how to appeal, couldn't get to a VA Facility if I could, and Honestly, never received a Letter to Appeal.

I just finished combing through my Military Medical Records, because I knew I had been seen for Sleep and Hemoroids/Rectal Bleeding while in Service - and wouldn't you know it, I found at least (1) complaint of me telling the Doctor I had problems sleeping and Mulitple about Rectal Bleeding. I'm going to make copies and HIGHLIGHT those notes on my Medical Records and send in my Letter of Disagreement.

Is there anything else I need to do or anything else I need to know about? Do I need to get a Service Representative? This will be my first appeal and have had Success with all my other Claims and Increases.

I'm currently rated at 90% - and I believe the Sleep & Hemoroids would put me over the Edge and at 100% - for me, it's not about the $$$, but the VA and Military Recognizing that this is a Service Related/Connected Issue.

Thoughts?

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Leap: SA is a tough nut to crack. Have you been DX'd with SA by VA, when? I stumbled into mine after about 3 yrs of sleep issues and 3 non VA Dr's. Lucked out with DX of SA by MD Neurologist Sleep Specialist 2011 with Nexus expressing "More likely than not" caused by 2006 CAD DX. Secondary with Bipap = 50% SC. Your at 90%, a 50 would get 100% $.

Is there anything in your 90% SC that possibly could be a causative factor in you DX'd SA? With a possible 50% rating at stake, it would definitely be worthwhile to get with a Non VA SA Specialist to review your options and get an idea of the likelihood of SCing your SA. As for your Military Medical records, is there any continuity of followup regarding sleep issues or was it a 1 time deal? If it wasn't DX'd and treated, might be a tough sell.

IU, IU, IU to you! Get a VSO-Rep (Preferably well seasoned) to help with claims filings. Just don't sit back and think the VSO is on top of everything, TRUST but Verify! Did you ever get an "Inferred Individual Unemployabilty" notification with any of your Award Letters? Check out VA requirements for filing a IU claim. If you don't meet the scheduler rating there's always the Extra-scheduler route. Get educated ASAP. Your claim is all on you, plenty of opinions and free assistance available but in the end, Your the Man/Woman.

Your current 90% SC rating in and of itself indicates a sever employ-ability problem. I advise you contact the VA Vocational Rehabilitation Department. You can apply online at your E-Ben site. If your SC conditions make it impossible for you to participate in VocRehab Program, the VA Councilor will give you a Denial Letter stating that due to your SC conditions you are currently unable to participate in the program. Your still eligible for the "Independent Living Program" but that's for another time. The Voc Rehab Denial letter is a piece of "Gold" as far as evidence for your IU Claim. Don't wait for the letter, file for IU ASAP to lock in retro date, then get with the Voc Rehab Councilor.

Semper Fi

Gastone

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I was Diagnosed with Severe Obstructive Sleep Apnea in June 2014, VA Sleep Study. It took me 8+ years to get a Referral and Sleep Study by the VA. In the VA Letter of Denial for Sleep Apnea, they even recognized that I had a Sleep Study and was on a CPAP Machine - I believe the Appeal will be easy... I found (2) Doctor's Statements in my Military Service Records where I complained on Sleep and they even put me on a Low Dose of Trazadone to help with the sleep - while I was on Active Duty.

I was on TDIU for 6 months, but as long as I'm Vertical, I have to work :-) It's tough, but I need to be working - I'm only 40 and too many of my Friends are in that Boat... not saying it's for everyone; I know some people truly can't work, but I know in my Mind I'm still able to Function - make sense?

I went through Voc Rehab back in 2007 and got my First College Degree through that Program :-)

My first step for the Appeal is to contact my Former Primary Care Doctor (of 9 years and is now a C&P Doctor) and have her write a Letter on my Behalf. She has done it in the past and is one of the Best Doctors I've ever had. I'm alaso going to have my Wife and Mom write a Letter in reference to the Sleep - the Hemroids are a no brainer, they just missed it in my Active Duty Military Service Records.

I'll get a VSO and go from there - a Friend of mine who I met on HadIt back in 2005 is my Friend on Facebook - he responded to a Private Message over the weekend.

We'll see what happens!

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Just passed the (1) one year point of submitting my NOD, along with photo copies of Active Duty Medical Records with highlighted areas where Sleep Problems and Rectal Bleeding was reported, several times, to my Primary Care and Mental Health Provider while on Active Duty.

How long are appeal taking now?  I basically gift-wrapped all the information for them... even submitted a electronic PDF and uploaded to my EBenefits Site.... nothing.

Thoughts?

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  • Content Curator/HadIt.com Elder

With the recent push by the VA to lower the times on "claims", the "haste makes waste" concept kicked in. They rushed to get the initial claims numbers down so they make themselves look good and can brag about it in VA propaganda. They are not telling the whole story. The initial claims numbers went down, but the appeals numbers went up and so did the waiting time.

A couple of years ago, my NOD saw no action for about 18 months. I really can't say what it is now. It sounds like you did your homework and the raters would probably thank you for making their lives easier.

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That's a big negative, Ghost Rider, the pattern is full!!!   AKA "hurry up and wait"!

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LEAP Get an IU claim filed, even if your working. Is your employer making accommodations for you due to your SC issues??? Do you know what "Marginal or Protected Employment" is.  Are your earnings equal to other non-disabled people, doing the same type of work, and living in your community?

Semper Fi

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