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

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    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

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syne7

Obesity onset in service, successfully connected to OSA

Question

Found this in an appeals search, thought it might be helpful to some:

http://www.va.gov/vetapp16/Files4/1627677.txt

"The Veteran has current sleep apnea that is the result of obesity that had its onset in service."

In fact this person only "approached obesity"

"There is no dispute that the Veteran has currently diagnosed hypertension and sleep apnea.  The VA examiner attributed these disorders to obesity.  
The service treatment records document excessive weight in service that at least approached the level of obesity.  Obesity was documented only a few months
after the Veteran left service and his weight was not reported at the time he left service.  This evidence makes it at least as likely as not that the Veteran
 became obese in service and that the obesity caused the current hypertension and sleep apnea.  Resolving reasonable doubt in the Veteran's favor, the criteria
 for service connection are met.  38 U.S.C.A. § 5107(b) (West 2014)."

This literally says, "the Veteran became obese in service"
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So, what can obesity be rated as percentage wise?  This OSA/obesity lines up very well with my experience. 

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I think obesity is a diagnosis, not a symptom.   Symptoms of obesity are things like high blood pressure, diabetes, limits on movement, etc.  

Also, the phrase, above, does not have the magic words:

"The Veterans x condition is at least as likely as not due to yy event in military service."  Remember the Caluza.  If one "becomes obese in service" this does not identify an "in service event" or aggravation for the Caluza triangle.    An example of an "in service event" that could cause obesity might be some sort of trauma such as a stressor, or maybe becoming a prisoner of war, where the enemy forced you to consume certain things.  

"Becoming obese in service" does not satisfy the caluza triangle by itself, as it does not identify an in service event.  Its possible that you were genetically predisposed to become obese, and that military service had nothing to do with it.  

Edited by broncovet

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Broncovet,
 

This is a tough one.  You could be genetically pre-disposed to diabetes (without obesity), but if it manifests in service, it's service connected.  Same with most illnesses, especially if you have the "presumption of soundness."

 

 

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My take-away from the BVA Decision (Great Read), if you enter the Service with a BMI clearly indicating Non-Obese and the Evidence in your SMR's indicate an increase in your BMI to Pre-Obese prior to Separation and your BMI continues it's assent, any & all of the possible SC's Secondarily  linked to Obesity are on the Claims Table.

Back in 68/69, the only obviously over-weight Jar Heads I ever saw, were the rare Staff NCO Lifer's Stateside, on Okinawa or REMF's in Nam.

A few Boots, within the 1st few days (1st PT Test), got recycled to the "Fat/PT Platoon," to loose a few lbs &/or increase their upper body strength.

Semper Fi

 

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