Volstang Posted March 17, 2015 Share Posted March 17, 2015 If so, how did you do it? Link to comment Share on other sites More sharing options...
0 Berta Posted March 17, 2015 Share Posted March 17, 2015 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. broncovet and Volstang 2 Link to comment Share on other sites More sharing options...
0 Volstang Posted March 17, 2015 Author Share Posted March 17, 2015 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! Link to comment Share on other sites More sharing options...
0 Kenneth Ward Posted August 31, 2018 Share Posted August 31, 2018 I’m service connected for cancer and exposure to ionizing radiation. Awaiting a rating now. Link to comment Share on other sites More sharing options...
0 Dara Posted May 27, 2019 Share Posted May 27, 2019 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 Link to comment Share on other sites More sharing options...
0 Berta Posted May 28, 2019 Share Posted May 28, 2019 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 Link to comment Share on other sites More sharing options...
0 Berta Posted May 28, 2019 Share Posted May 28, 2019 (edited) 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 Link to comment Share on other sites More sharing options...
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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
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