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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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treysnonna

Treysnonna

Question

What do you need to file for I U?  My husband is already at 80.  He does have two appeals (on same claim).  One foe increase in diabetes and one for cod sec to diabetes.  The dr did make a statement that he does not think hubby is able to work.  Would they automatically pick it up on doc opinion, even if he did not file for it?  Or do we put in another claim for it?  I have also been trying to get him to file for sleep apnea.  He has been on cpap for about 7 yrs now. And if he filed now would it hold the appeal up then?

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Filing New Claims doesn't hold up your Appeal. At 80, waiting is not an option.

What are his current SC Disabilities and (%)? DM II, what else?  Currently, could change but age is not considered in IU Claims. He needs 1 SC at 60% or 1 @ 40 with a couple that adds up to 70% CSC. With that Rating Letter, an "Inferred IU Claim" would be stated. However, it would still be necessary for him to file the actual IU Claim.

He's 80, file the IU Claim as an FDC NOW on his E-Ben New Claims site.

Is he a Nam Vet, 80 DM II and no Coronary issues?

Semper Fi

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No let me correct here.  His age is 72.  He is a Vietnam vet boots on ground.   He is currently rated at 80%.

20% for diabetes 2 sc

10% for neropathy left lower extremity sc

10% for neuropathy right lower extremity sc

10% for ocular histoplasmosis sc

10% for hearing lost sc

60% for ischemic heart disease

he has an appeal in for increase in diabetes, and for stage 3 renal failure.

they denied both on claim.     He has and stil is on fast acting insulin and slow.  He has episodes of of low sugar, but usually handle it here at home.  I think he has been to er on time with it.    they denied the renal failure because there was no proteinuria in his little urine sample. I looked up another for someone else where they had approved his.  And I looked up a pub med article which says that sometimes you do not produce the protein is all the time in the early stages of renal failure.  By the the way I  believe that particular artical was found using veterans with the va.  Of course he also has retnapathy too.  I'm not sure if he filed for that,  but I do remember reading it on some of his claims where they did ackownoledge it.   So maybe I will get that from his retinopathy dr.   And file it and it together on ebenefits.  What do you think?  Thanks ahead of time.

Edited by treysnonna
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Also should we also get the records from the sleep apnea.  And file for that?

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Absolutely, CAD can be a Nexus for SA. Glad to hear he's 72, you still need to file the IU and SA FDC on his E-Ben site ASAP. Start it today to establish the File Date, you've got 12 months to hit the Submit Button.

Any non-VMC SA Med Recs need to be scanned and attached to the FDC before you hit the Submit Button.

Semper Fi

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Ok, but he had the sleep apnea before they diagnosed  him with cad.  Although I suspect he'd had cad long before he was diagnosed.  He had his aortic valve replaced in aug of 13.  He'd had aortic stenosis with it.    That is when the found cad.  But I'm not sure if I want to associate it with the heart because they may say the valve caused it.  Then it would not be sc.  now he has had the diabetes since 98.   Maybe I'll try that one.    His kidney dr said he suspects the diabetes caused the valve problem and kidney problem.  Thanks for your suggestions.

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  • Similar Content

    • By treysnonna
      Ok, we called our Vso in dc.  I knew we had sent the va firm 9 in idea 14,  but we did not question it really.  The Vso caught it today .    So hubbys docket number should be in 14 instead of 15.  Now instead of 55,587 we moved up to only 41 thousand something.  So some one in st Pete let it set on some desk o4 box before they realized it should have already been in dc at bva.
    • By treysnonna
      Ok, we called our Vso in dc.  I knew we had sent the va firm 9 in idea 14,  but we did not question it really.  The Vso caught it today .    So hubbys docket number should be in 14 instead of 15.  Now instead of 55,587 we moved up to only 41 thousand something.  So some one in st Pete let it set on some desk o4 box before they realized it should have already been in dc at bva.
    • By treysnonna
      Ok, we called our Vso in dc.  I knew we had sent the va firm 9 in idea 14,  but we did not question it really.  The Vso caught it today .    So hubbys docket number should be in 14 instead of 15.  Now instead of 55,587 we moved up to only 41 thousand something.  So some one in st Pete let it set on some desk o4 box before they realized it should have already been in dc at bva.
    • By treysnonna
      Ok maybe someone will give their opinion.  First off a pic of hubbys SOC.  And letters from his drs.  Can you give me you opinion if it is worded good enough.  And notice in his regular md says he is not able to work due to his diseases.  Should we go ahead and file iu.  His appeal is for jan 15.  And they are currently working on dec 14.  If we do will it still stay in line.?




    • By treysnonna
      Yay,  checked with board o appeals.  They are working on nov 14!  Hubbys is jan15..
       
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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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