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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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jbob84

Sleep apnea and Agent Orange

Question

Has anyone filed a claim for sleep apnea associated with agent orange? Did they accept it?

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4 answers to this question

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They will "accept" it provided that you meet the Caluza triangle:

1.  Current diagnosis of sleep apnea (you need to be using a cpap to get a 50 percent rating).  

2.  In service "event" or aggravation.  This could include AO.  

3.  A medical professional who provides a statement similar to "the Veterans OSA is at least as likely as not due to Agent Orange in military service".  (This is the nexus).  

      You will also need a "prescription" for a cpap, and you need to be "in complaince" (that is, you need to be using your cpap).  

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I think your question is, was it Awarded or Denied? VA must accept all Comp Claims filed.

What conditions make up your 60% CSC Rating?

JB, to the best of my knowledge there has never been a Direct SC Linkage between AO exposure in and of itself, and Sleep Apnea. If a Nam Vet has a DX of CAD or DM II, both AO Presumptive's, an SA Secondary Claim Award is possible.  Do you have any AO Presumptive Awards?

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Gastone is right- SA is not an AO presumptive. I have never seen any AO award for Sleep apnea ,but it could certainly be seecondary to some other disabilities.

This denial shows what we mean:

https://www.va.gov/vetapp17/files5/1727236.txt

The IME doctor was not able to make a significant medical link to either AO or petroleum fumes exposure.

Also:

https://www.va.gov/vetapp17/files3/1716840.txt

The veteran's  private doctors opined for him but  failed to make a sound medical nexus between the veteran's SC PTSD and CAD to his SA.

BUT this veteran satisfied the 3 important Caluza elements, as Broncovet mentioned,  thus:

"Based on the total record, the Board finds that there is sufficient competent medical evidence to indicate that the Veteran's sleep apnea is at least as likely as not related to his service-connected PTSD. The Board also notes that there is no medical opinion of record which suggests that the Veteran's sleep apnea is not related to his PTSD. The Board therefore finds that the benefit of the doubt rule is for application. See 38 U.S.C.A. § 5107 (West 2014); 38 C.F.R. § 3.102 (2015). Element (3), and therefore all elements, is satisfied."

His IMO/IME doctor did a great job providing the VA with a full medical rationale.

https://www.va.gov/vetapp16/files1/1605961.txt

IMO/IMEs can be quite costly.We have significant info on how they should be prepared in our IMO/IME forum.

 

 

 

Edited by Berta

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JB, something to ponder, should you file an SA Claim (50% SC if Awarded) with no real Nexus Lined up. You're currently 60% SC hunting for a New Very Questionable AO Direct SC, is the risk of a possible Reduction to 1 or more of your current SC's worth the Risk?

As of late, there has been plenty of discussions regarding the Possible and not so probable AO Presumptive List Additions. I've eyeballed just about everything discussed and/or printed on the subject. Nothing even remotely connected to SA.

To be safe, start a New Claim on your E-Ben site just to lock in the File Date, you'll have 12 months before you have to hit the Submit Button. Something Nexus wise might jump up that supports an SA Award, probably not but at least you won't open yourself up for a Review and possible reduction.

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