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By John C
I have several items I have filed and denied. Latest is my sleep apnea. I am 10 percent for sinusitis. Went before a judge he found mistakes made in the past and remanded to regional office. I went to a dr. Appointment of course she had no certification or experience in sleep apnea. I have all sorts of documents from members of my unit explaining I would be snoring and when I stopped they realized I quit breathing. So they would shake me to wake and get me breathing. Also letters from an ent. And a specialist in obstructive sleep apnea. Now they have denied because I didn't get diagnosed for many years after ETS. I had never even heard of this. Really am at my ends whit. They have remanded back to the judge. Dont know what else I can do. I have a letter of un employability .but can't file or appeal till this is over this is my 6th time each with more documents as I learn. Any suggestions appreciated
USAF retiree here, 24 years. Retired in 2004. I've tried to get rated for depression a couple times but shot down and due to the depression I give up. Trying again though as I'm now on some better meds. Hoping I can find some good advice and assistance here. Thanks and God bless you all
When I was in AIT (1971) I was given a climate profile. I went on sick call one morning for an upper respiratory problem and next thing I knew the ENT doc issued me a profile that basically stated I wasn't supposed to be stationed in a cold, damp climate. I later waived the profile and don't remember any more treatment. Currently, I'm at 50% for Unspecified Depressive Disorder and PTSD. I'm diagnosed by VA with OSA and have been given a CPAP machine. I'm thinking of filing a claim for the sleep apnea and possibly rhinitis. I'm a little confused as to how the best way to file would be, OSA secondary to UDD PTSD or Rhinitis or a supplemental claim? Or if the rhinitis claim is even do-able? I am treated at VA for allergies. I'd never considered a claim for rhinitis until reading some of the posts here. Oh, I also am given meds for PTSD.
Brand new here. I'm posting because I'm so confused and unsure if I'm doing the right stuff, or if I should be doing it at all.
I'm hoping to find answers on how to file a claim for GAD/Major depression. Here's my story.
1996-2000 high school captain of soccer and baseball teams. Captain of Snare Drum line in marching band.
2000 - enlist in USMC, squad leader in boot camp, meritoriously promoted to PFC at graduation.
2001 - Class leader in A school
2002 - PCS to Japan (Iwakuni) volunteer for secondary school, awarded Microminiature soldering credentials. Perform extra duties and awarded Meritorious Mast for going above and beyond. Compete in meritorious board for Cpl, and win.
2002 cont. While celebrating the win (but not yet actually promoted) engage in arm wrestling match, and lose, terribly. Suffer spiral fracture which requires evacuation to naval hospital for surgery - internal fixation (plate and 8 screws). Require months of rehab, and continuous wear of mechanical brace and continued light duty for months.
Ok, this is where things get hairy.
2002 cont. PCS back stateside (NY) while still wearing mechanical brace and on light duty. Within 1 week of reporting, promotion ceremony is held. I had to be promoted while wearing a brace and a sling, no "pinning" of rank and no "earning" of blood stripe. From this point on, I'm pretty much viewed as a punk, and a melingerer. I stop volunteering for extra duties or assignments, motivation drops, etc.
2003 - Drink heavily. Merry an awful woman who is into drugs.
2004 - pop on piss test. Before NJP, I make Sergeant due to previous meritorious promotions and excellent pro/con, rifle, PFT scores. This infuriates most Marines in my squadron, and further solidifies my reputation as a shitbird, because I am a piss-popped mellinger who made Sergeant before most people.
2004 cont. NJPed, busted down to Cpl. Result of NJP is that I will not be discharged, based on demonstration of excellent performance earlier in service, but will not be allowed to re-enlist. During a PT session I fall and get a class III AC joint separation, which again requires light duty and use of a sling. Anyone who didn't think I was a melingerer before, starts thinking/calling me one now.
2005 - EAS.
2005 - Civilian diagnosed with everything from ADHD, to GAD, to MDD, to bipolar. Various medications do not improve mental performance or fatigue.
2013 - buddy talks me in to visiting VA for disability due to arm. Awarded 30%, feel like I don't deserve it because of NJP.
2019 - visit VA mental health clinic, diagnosed with GAD and MDD. Therapist suggests sleep study. Just got results. I have mild sleep apnea.
I have decided to file a claim for GAD/MDD and sleep apnea. I have buddy statements on the official VA forms from Marines who served with me from boot camp through Japan stating I was a stellar Marine. I have statements from Marines who served with me in NY stating I was not at all stellar, and performed poorly. I have statements from civilian coworkers stating I had performance issues, was fired from a job, and was on the chopping block at another.
I have medical records from Naval hospitals for all my injuries.
So, from other service members, does it sound like I have any chance at a case? How should I file? I have an appointment with my previous Psych. Nurse Practitioner in 2 months from now, to request a nexus letter. I don't know if she will write one, but based on our prior treatment session discussions, I believe she agrees my GAD and MDD or related to my service.
Where do I go from here? Should I even be filing a case at all?
Good morning everyone,
I just got rated at 70% for PTSD after previously being denied as not service connected. For the first claim, I was going through a company (VAclaimpros) which was a big mistake. I appealed and just simply told the examiner what I was going through as well as my family. I submitted a letter from my wife and a report from when I was Police Officer stating that I had PTSD and the list of medications. I have previously been denied claims for sleep apnea and tinnitus. They acknowledged that I did have sleep apnea from my personal medical records and the UPPP surgery I had years ago but said it was not service connected. They also acknowledged my hearing issues but said it was not service connected. I have been diagnosed with anxiety, depression, ED, Peyronie's disease (because of the ED), hypertension and insomnia from both private and VA doctors. I have been taking medicines for all three. I have sciatica
My question is what should I file a secondary claim for or if I should even file one at all and leave well enough alone since I have 70%.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,