Veteran's Law Blog

[john999]

Is spending $100 a year worth it to join the Vet's Law Blog Premium service?  I may be filing a OSA claim and I am going to need plenty of help.  I lost my long time psychologist to sickness and old age.   I need all the help I can get to go forward  these days.  I am running as fast as I can just to stay in one place.

[jamescripps2]

Post 911 vets have more of a chance claiming OSA as due to already service connected PTSD

Vietnam vets, especially combat vets, also use service connected PTSD, contending that the OSA is secondary to the PTSD. To win that one usually requires buddy statements. If a Vietnam vet already has Diabetes II and /or ischemic heart disease, IMHO it may be a better contention to claim the Diabetes including the Diabetic meds (insulin) as the reason for the weight gain and over weight BMI. Requires medical nexus but not buddy statements. Cite CFR 3.303 (a)(b) highlight and underline the text "however remote".

Guys it is really easy to get multiple properly written nexus letters from outside doctors, if you give a doctor something to go on. ie the example from usva101.org, click on nexus letter. In my claim for AO exposure inside CONUS, upon adjudication and granting of the claim I had already turned in thirteen nexus letters from outside doctors. If it would have taken longer for them to adjudicate the claim, I would have had even more nexus letters. When I got my big brown envelop containing the decision granting the claim, I still had more nexus letters that had not yet been turned in. If the vet has Medicare part B, all it takes is a $15 copay. Next, ask that doctor to refer you to a specialist that he/she uses, ie, heart doctor or a diabetic specialist or both, requires a $30.00 copay each, then, up front, show them your first letter and ask the/ those specialist for a nexus letter concurring with the first doctor's letter. If you want three nexus letters then show a third doctor the first two letters and ask if he/she can write a concurring letter. Three letters is considered to be overwhelming evidence.

The longer you are exposed to and work within the VA claims and benefits system, the more you realize that it is just a war of letters. Whoever ends up with the most and the best is going to win the war. We, as disabled veterans have one thing going for us, we have lots of time. Use that valuable time to your advantage, seek out those letters wherever you can find them. I am not trying to hi jack John 999's thread but I hope hope that reading this post causes John and other readers to get tenacious in their claims, get out of those pajamas and out of the house. Get yourself a little exercise and some determination, go after those letters and do it yesterday. Today is the first day of the rest of your life, make it count!

It has not been that long ago that I filed the claim for AO exposure at Fort Gordon GA. The DOD and the VA stood their ground making fun of me, refusing to budge an inch while saying, "Mr. Cripps, we have never, ever, used agent orange inside the Continental United States". "Why are you so adamant in wanting to waste our time and the taxpayer's money by filing this frivolous claim that you can never possibly win"? The RO refused, and never did send me for a C&P exam. I beat them at the BVA with time spent and letters, lots of them! I have said that I beat them and won the claim because they slept, I didn't.

As far as the C&P, I didn't need one because I furnished the BVA with adequate medical evidence in the form of medical nexus letters and statements.

 

 

[Buck52]

And it's clear the VA Drs refuse to write a nexus because they actually can be fired for doing so. 

I never could get one (VA Doc) to write one for me. so spend a little for a private Dr....I always ask when calling if they see veterans and help with veterans claims tell them what I need  ect,,ect,,  sure saves a lot of time and possible driving. in case they don't.

[jamescripps2]

Buck, An agent orange exam at the VA can produce some compelling evidence. The exam covers a lot of body systems and can uncover some diseases or conditions that you don't even know about yet. The AO exam always, by law,  produces a letter telling you about any malades that you might have. You will get your letter within two weeks of the exam. The Environmental Clinician at the VAMC Nashville who preforms the AO exams is sympathetic to veterans and will write supporting letters above and beyond his scope of duties and helps vets in any way that he can. Your clinician may be different.

You can schedule an AO exam at your nearest VAMC. If you have had a previous exam, you can request a second. It is also a real good opportunity to talk one on one with a doctor about the etiology of your OSA and any other problem that you might have. Three days after the exam the record will be available on ebenefits or at ROI at the medical center. Enough said here because we are hijacking John 999's thread again. You might consider taking this conversation to a new thread for your own benefit.

  

 

[Buck52]

James

I had an A.O. Exam in 2001 it was my PCP back then  the test came back all clear nothing was noted about any Malades just blood test and that was what the PCP made his decision on

but my PCP was called Back to A.D.  and deployed to Iraq.

Anyway that was the extent of the exam.

even back then I had OSA Problems but no one would refer me for a sleep study I kept telling the D'rs I had a hard time sleeping and they would just give me sleep meds like Trazondone Ect,, ect,,

I have Preciousness Anemia and have to take B-12 Injections the rest of my life  but from all the symptoms nothing comes up A.O Presumption

As for as I know I don't Have DM II or any other diseases from A.O. But actually I don't think I been tested for a lot of these?

I am having a Hard time with PTSD and being treating at VAMC  once a week with LCSW & Psychiatrist.(They almost put me in the ward)...I ask for them not to & let me try the medications first I have no out burst of anger but do have S.I.  for last(two years now)

It was MH Dept that Requested a sleep study from sleep clinic and they sent me to a private clinic  and was diagnosed with sleep apnea and gave me a C-PAP with two different mask.

Anyway I still have night mares of Vietnam that are caused from PTSD Flashbacks &  I knock off my mask  but I am trying my best to deal with it and just slap my mask back on and try to go back to sleep.

I never went to the Dr's for OSA while in the military  Hell i didn't know too  I just suck it up like a lot of my fellow brothers did  I snored but Back then I never thought to much about it and as for as buddy statements  I have no Names to mention  we called everyone in my unit by nick -names  so no buddy statements  all I have is my word and that's bout it.  I do remember one of my close buddys Name  but unable to get in touch with him I don't know if he died or what? or if he made back from Nam alive?

I am going to go see a private Dr (Psychiatrist) and see if he/she will give an opine for my PTSD could be in a possible  relationship  or aggravate my Sleep Apnea.  and have them to state it'' as least likely as not''

I have some sleep clinics Notes off Myhealthvet  about the S.A. Dx ect,,ect,,,That's all I got right now. so right now trying to line up a private Dr

I will Request Another A.O. Exam from my PCP  I have Now

Thanks for the great advice.

 

Edited October 17, 2016 by Buck52

[Buck52]

Also James

As for as HI-JACKING this thread!

I don't think John999 will mind a bit,  he will read all these post, I am sure they will help him make a decision one way or the other.

  These post have great information in them and that's what were all here for.

[jamescripps2]

Asking for another AO exam could end up opening more doors for you. Sounds like a plan to me, Good luck Buck!