Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
EODCMC

Sleep Apnea Claim

Question

Hi, I am a 30 year retired vet. I retired 13 years ago. I as recently diagnosed with "very severe" obstructive sleep apnea. The machine they gave me is preset on the highest output flow. My episode exceed 35 times an hour with some lasting more than 30 seconds. 

I was diagnosed with sleep apnea a couple of years prior to retirement and the study and diagnosis is documented in my record. In fact, they wanted to operate on my uvula. There lies the rub. The operation could have ended my career so I didn't persue. Additionally, while on active duty I developed severe chronic sinusitis and allergic rhinitis and this also is documented in my service health record. I have been living with this and chalking it down to getting old.

Fast forward...I recently got a machine that they say I have to wear for the remainder of my life. I just learned that Tricare Prime does not pay for it all. So, I researched online and submitted a claim the E-benefits and it has been received and was under review until today when they changed this to "gathering of evidence" Development Letter Sent.

Does anyone know what this means? What do I have to look forward to concerning the process. I watch the news. It doesn't look good, right?

thanks in advance.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 1

EODCMC,

  Same here, just went to gathering evidence or as we like to call it gathering dust stage!!! First of all, was it a standard claim or a FDC so called fast claim? If it was a FDC (fast claim) then the expected wait time should be posted in the claim application. Probably around 6 months. Either way, this is usually the longest stage of the game, so sit back and relax and find a good hobby that will take your mind off this process. Many a vet including myself have driven themselves crazy by looking at ebenefits every hour expecting it to change. By what you are saying you should have no problem getting your claim approved but, you never know with the VA.  Anyway, Welcome to the HADIT Family!!!!  Spend some time researching stuff here and remember knowledge is power when it comes to the claim game!!!

                                                                                   Silver

Share this post


Link to post
Share on other sites
  • 1
12 hours ago, EODCMC said:

diagnosed with sleep apnea a couple of years prior to retirement and the study and diagnosis is documented in my record

I believe that this would establish the SC, and the 'prescription' of the CPAP by the VA meets the 50% criteria, without having actually seen any of the evidence.  That shows an in-service diagnosis and a current diagnosis. I think where many Vets run into problems is that they never get the diagnosis to begin with, while in service, so they are forced to rely on 'Buddy Statements' or have to try and tie it in as a Secondary.

  DEFINITELY order a full copy of your service medical records (if you haven't already) and start gathering any other private medical records, etc.

I think you are now in the 'waiting game' stage of the process, and there are too many variables to pin down exactly how long this stage will take you. It varies by location, claim, etc, etc.  Next, you should get a C&P exam.  Do not get to 'wrapped up' in what Ebenefits says.  It is a useful tool, but it does not accurately portray the internal process of the VA, so it can cause a lot of frustration.  Good luck!

 

  • Like 3

Share this post


Link to post
Share on other sites
  • 1

 Original poster  the VA Should give you a C-PAP to use and all the equipment  hoses.Mask..you need to use distilled water.

Anyone that has Sleep Apnea /OSA  needs to be using a C-Pap/Bi-Pap machine.

For some  reasons the VA is turtle slow on getting VietNam Veterans their C-File....but some do get their C-File within 3 /4 months.

I guess the C-file for us Vietnam Vets got lost in the mail room.

 Next Month (June) will be a year for me and I requested it twice during this last year...and not a word from them..I do have the greencard receipts

I need my C-file bad  I wonder if it has been didtized and on CD? 

Could I make an Unexpected Visit to RO?

And  ask for it that way?

jmo

....Buck

Share this post


Link to post
Share on other sites
  • 1
On ‎5‎/‎28‎/‎2016 at 0:31 PM, EODCMC said:

If there is anyone with apnea experience, I have one question that I can't find in my research. Is 50% and 100% the only rating you can get or can someone be rated somewhere in between?

There is nothing between 50 and 100%.  You can get:

Persistent day-time hypersomnolence ................................... 30

 

Travis

 

Edited by hilltravis
Formatting
  • Like 1

Share this post


Link to post
Share on other sites
  • 1

Yeah, SA is pretty much a half or nothing, or all or nothing kinda deal.  Which is one of the main reasons the VA probably resists it so much. I think SA or OSA with out Cpap should be 30%, with = 50% and O2 added in should be 70-100%, or  something like that.

 

Semper Fi

  • Like 2

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Wise Guy
      I have a current claim for several injuries to include PTSD. I did some research and found out the best way of getting a rating for migraines is to have a diary through the VA of the migraines. For my PTSD which I got diagnosed through the VA in February, I'm taking Doxazosin (Nightmares), Hydroxyzine (Anxiety), and Sertraline (Mental Health). All of the medication causes headaches. However, the Sertraline only causes headaches within the first 2 weeks. I was going to wait until the claim was complete before filing for Migraines because I wanted to already have the rating for PTSD first so I can claim the migraines as secondary. But is there a way to still file for it now to still say it's because of the medication for the PTSD? Which route should I go or is there a better one? And should I talk to my VA counselor/medication doctor to get him to state that my migraines are caused by my PTSD and medications? I heard every time you file for a new claim, then everything gets re evaluated so it would be ideal if there was a way to get everything done now. 
       
      Also, I did get diagnosed through the VA for Sleep Apnea back in February,. So, can I say that the migraines was also caused by the Sleep Apnea?
    • By Wise Guy
      I currently have pending disability claims for several things to include PTSD and Sleep Apnea. I filed for my PTSD starting in December of 2019 and the Sleep Apnea starting around the same time due to the PTSD. I was tested positive for sleep apnea. This month, I just found out through the VA Biopsy that I have Sarcoidosis which now I'm on steroids for 2 months and other meds for 6. I learned through research that sleep apnea can be caused by sarcoidosis since sarcoidosis causes shortness of breath. If I file for Sarcoidosis and try to change things up by saying the sleep apnea was caused by the sarcoidosis, then the sarcoidosis may get denied seeing how I have nothing from service to relate which will deny the sleep apnea too. So, should I just file it by itself? If so, should I get an attorney to help me get it service connected? How can I get it service connected? I was going to wait until the current claim was done before filing. However, I just heard that whenever you file for something new, everything gets reevaluated so that's why I'm trying to do it now. 
    • By Wise Guy
      I was diagnosed with Sleep Apnea through the VA. I filed for compensation so I already know it’s going to get denied. After it’s denied, I need to know exactly how to do the supplemental claim for it. I’m already getting benefits for Insomnia which the underlining is Depression and Anxiety. So after the Sleep Apnea is denied, do I just make an appointment with my Sleep Apnea doctor and say, “Hello sir I’m just curious. I’ve been diagnosed with Insomnia which the underlining factors are depression and anxiety. Can you tell me what caused my Sleep Apnea?” Then hopefully he’ll say depression can cause it, Then I’ll say, ok I’ll go with that. Depression caused my Sleep Apnea. Thank you so much sir that’s all I needed.
      Everything that is said is recorded in my record anyway. Then from there I’ll file a supplemental claim and say the Sleep Apnea was caused from my depression. Right or is there another way?
    • By Willy P
      Good Afternoon Team,
      Short back story/timeline:
      Left Active Duty: August 2015 Diagnosed with Sleep Apnea February 2016 (6 months later) Submitted claim in May 2016 with my evidence:  Sleep study DBQ In service complaint of snoring exerpt from my medical record Favorable C&P Exam opinion (at least as likely as not...) VA Denied my claim in August 2016 I did nothing because I didn't think I could come up with any other evidence Fast forward to last year.....
      I scratched some pennies together and paid for an IMO, then submitted the letter via a supplemental claim.  I was awarded SC for sleep apnea at 50% within a month of the VA receiving my claim.  Success!  Here is the link to that process in the research forum: 
       
      So here is my line of thought...
      Can I use HLR to fight for an earlier effective date, or do I have to use CUE?  I mean, the VA had everything it needed to make the proper rating the first time (In-service event, nexus from the C&P doc, current diagnosis...).  I have a hard time with the fact that I had to pay an outside doctor just to agree with the C&P exam doctor.  Why would the rater place his/her opinion over the VA's own doctor?  Shouldn't the benefit of the doubt have gone to me?  From what I understand, I can't CUE the benefit of the doubt anyway.
      Since I am within the appeals period of the supplemental claim, I'm thinking the easiest path may be to request HLR in order to ask them to CUE themselves on the 2016 decision.  Is that possible?  I'm just trying to avoid CUE if I can, since it's mainly a "last resort" type of measure.
    • By S. Bruce
      I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019.  Shouldn't the effective date be April 2013 when the diagnosis was received and approved? I checked and the 50% rating for using a CPAP was in place in 2013. I wasn't aware of the rating difference at that time, so I didn't file a claim at that time. I'm asking because I'm thinking I may be due some back pay...……….
  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines