Anyone Linked Sleep Apnea With Submarine Service And Gotten Rated?

[Volstang]

If so, how did you do it?

[Berta]

This vet did:

"In January 2009, the Veteran's wife, who works as a nurse,
submitted a statement in support of his claim. She noted
that the Veteran began snoring very loudly at night a few
years after 1992. She noticed that he would stop breathing
start breathing with a gasp followed by a "sort of funny
snore." She also noted several occasions where the
servicemen from his submarine would ask her how she could
sleep with the Veteran due to his snoring and the noises he
makes during his sleep. "

The VA accepted her statement because:

" Additionally,
the Board notes that the Veteran's wife has medical training
as a nurse. In her January 2009 statement, she described the
apneas observed during the Veteran's period in service.
Therefore, the Board finds the lay evidence of snoring and
apneas during service to be credible."

ORDER

Entitlement to service connection for sleep apnea is granted.
http://www.va.gov/vetapp10/files3/1024362.txt

There is more to the decision
However, if BVA had not accepted her statement as credible, this vet would have probably needed Buddy Statements to support his inservice snoring on board the submarine.

There is discussion at VBM, on YUKU about this same issue.

[Volstang]

Thanks for the info. I have this case study printed out. Looking for as much info as possible. I will check the site you mentioned, thanks!

[Kenneth Ward]

I’m service connected for cancer and exposure to ionizing radiation. Awaiting a rating now.

[Dara]

On 8/30/2018 at 7:40 PM, Kenneth Ward said:

I’m service connected for cancer and exposure to ionizing radiation. Awaiting a rating now.

What years did you serve? Currently applying for this now . They advised only 1950,1960 service qualified for ionized radiation 

[Berta]

This recent pending Class Action case might help any veteran exposed to ionizing radiation:

https://law.yale.edu/yls-today/news/major-step-forward-class-action-veterans-exposed-radiation

In part:

"In a 6-3 ruling on February 1, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) ordered the Board of Veterans’ Appeals to address appellant Victor Skaar’s argument that the VA used scientifically unsound methodology to deny his disability benefits claims based on exposure to ionizing radiation. CMSgt. Skaar (ret.) is the lead appellant in a proposed class action of approximately 1,600 veterans deployed in a 1966 clean-up operation after an airplane collision dropped four hydrogen bombs over Palomares, Spain.  Skaar is represented by the Veterans Legal Services Clinic at Yale Law School."

His CAVC case is here:

https://law.justia.com/cases/federal/appellate-courts/cavc/17-2574/17-2574-2019-02-01.html

Although this case is specific to the Palomares incident, the court decision could affect any type of ionized radiation claim.

The VA ,in the past, collected radiation dosage information from veteran's service records, that was often faulty and did not support their claims. Skaar had significant evidence that the past VA radiation criteria was faulty.

He challenged the lack of addressing the Paromares incident in 38 CFR 3.09.

This could potentially affect veterans who participated in the aftermath of the Nuclear accident in Japan-https://www.cnn.com/2016/03/08/asia/fukushima-five-year-anniversary/index.html

 

 

[Berta]

Radiation exposure can take years to manifest it's affects on people- we have a separate forum here-

https://community.hadit.com/forum/127-radiation-exposure-from-operation-tomodachi-japan-earthquake-fukushima-nuclear-assistant/

So far no one has came here with a claim -as one of 24,000 American Service men/women, who participated in the aftermath of this nuclear disaster in 2011.

But the forum is here if they need it for  help with a radiation claim.

Edited May 28, 2019 by Berta (see edit history)

[Buck52]

Curious

How would a Veteran know he/she was exposed? if its all kept top secret?

[Buck52]

Aslo was  hadits radio show host Gerald Cook Exposed? it seems he has been fighting this for years.??

[Berta]

There is a lot to filing a radiation claim:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/ionizing-radiation/

I knew of Jerrel's case for probably over 10 years by now , but found no proof of exposure to radiation.

I know of no Top Secret isues in any of the 89,267 radiation claims decided by the BVA since 1994.

My daughters MOS was Top Secret Classified for the 7 years she was in the Military and is at higher TS level now-

as she is with Department of Defense .

The VA will declassify anything that would be probative to any veteran's claim if their military  MOS, was   Classified as Top Secret.If they didnt do that the vetera would have a CUE basis.

"For veterans who were exposed to ionizing radiation during service, service connection for a condition that is claimed to be attributable to such exposure may be established in one of three different ways. First, there are 15 types of cancer that are presumptively service-connected if they become manifest in a radiation-exposed veteran. 38 U.S.C. § 1112(c); 38 C.F.R. § 3.309(d). Second, 38 C.F.R. § 3.311(b)(2) lists other radiogenic diseases that may also be service connected if the VA Undersecretary for Benefits determines that they are related to ionizing radiation exposure during service. Third, direct service connection can be established by showing that the disease was incurred during or aggravated by service. See Combee v. Brown, 34 F.3d 1039, 1043 (Fed. Cir. 1994)."

https://www.va.gov/vetapp19/files1/19103478.txt

 

 

[Berta]

The initial question here was if there was anyone here who got sleep apnea due to submarine duty.

Sleep apnea can have many types of inservice causes.

Do you have a formal sleep apean diagnosis and treatment?

Have you searched for your unit on line to see if there would be someone there who could verify you snored a lot in your sleep and they could write a Buddy statement for ?

Do you have a copy of your SMRS and inservice personnel file?

Where you ever late for  duty or sleepy while on duty?

This link has some good info:

https://vaclaimsinsider.com/submitting-a-buddy-letter/

This link might help too:

https://community.hadit.com/topic/54355-need-a-buddy-statement/

 

 

 

 

 

[Arthur Breaux]

Long-term intermittent exposure to high ambient CO2 causes respiratory disturbances during sleep in submariners.  D. Margel, D.P. White, G. Pillar.  PMID: 14605040 DOI: 10.1378/chest.124.5.1716.  https://www.ncbi.nlm.nih.gov/pubmed/?term=submarines+and+sleep+apnea

There is a growing interest in sleep apnea and submarine life. Just because the VA denies your claim does not make them right.  This is just one scientific study that shows a correlate between the two. Buddy statements that you snored or had sleep issues helps too.

Art Breaux