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Sleep Apnea/Asthma claim

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chgofire

Question

I'm currently at 90% rating current ratings are 50% TBI, 70% PTSD, 0% foot fungus, 10% Left wrist fracture.  8 months ago the VA diagnosed me with sleep apnea after a sleep study and I was issued a CPAP machine.  Back in the sandbox we were exposed to a huge burn pit 24/7 ever since leaving the service I developed some form of asthma, breathing problems requiring me to carry an inhaler.  Also, I have developed ED but when I filed a claim for ED I was not granted any ratings because they link it to my PTSD, etc. which I think it's bs!  

I should of filed an appealed for ED but I never did since the claims process is so damn complicated and frustrating, not sure why the VA makes this so incredibly hard for injured Veterans especially Veterans who have been seriously hurt by IED's and other combat related trauma.  I have to admit that trying to get 100% rating has been not only difficult but painful experience.  

I’ve been given medication for a continuous foot fungus issue that has never let up but I was only granted 0% for it.  So now Im considering asthma, sleep apnea, ED, and foot fungus.  Thoughts, recommendation or advice? 

 

Thank you~ 

 

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On 5/24/2018 at 6:08 AM, Gastone said:

Are you doing this DIY or are you using a POA-VSO? Sounds like you could use a well seasoned VSO-Rep. What type of SA have you been DX with, OSA, CSA or mixed MSA?                Has any Sleep Specialist opined as to a possible Etiology of your SA? Is your BMI 27%++, neck 17 in++, Large Tongue, Large Abdomen?               Are you using a POA_VSO or doing your Claims as a DIY project? Sounds like you could use the assistance of a Well Seasoned VSO-Rep, could help you get untwisted.

I do all my own claims work ... I understand the system very well.. and have fought it for years....

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R1954, my comment regarding "Possible Assistance needed" was directed to Chgo being it is his post.

Not all Vets want to spend "Years researching and Fighting" the VA. Depending on Chgo's actual CSC before rounding to 90%, employing a VA Claims Agent or VA Attorney with a successful SA Appeals Record may be very worth his while, should his SA Claim be Denied.

Chgo, have you filed the SA as Direct based on "Burn Pit Exposure" or Secondary to PTSD yet?

What has your VSO-POA Rep advised you to do? 

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Remember, what VA wants you to forget about:

You need the Caluza elements for service connection.  

Often, when you get denied, VA deceives you and does not tell you that you are lacking one or more caluza elements.  They give "other" made up stuff as a reason for denial.  So, you appeal and spend years in appeals, refute the VA's reasons, and still get denied again, because you dont have a nexus or other Caluza elements.  

Dont go there.  Dont count on your VSO, check your records to make sure they include a current diagnosis, in service event or aggravation, and nexus.  Once you have these, you will normally be awarded benefits.  I say "normally" because I got denied with all 3 and had to appeal.  But, on appeal, I won easily.  

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6 hours ago, Gastone said:

R1954, my comment regarding "Possible Assistance needed" was directed to Chgo being it is his post.

Not all Vets want to spend "Years researching and Fighting" the VA. Depending on Chgo's actual CSC before rounding to 90%, employing a VA Claims Agent or VA Attorney with a successful SA Appeals Record may be very worth his while, should his SA Claim be Denied.

Chgo, have you filed the SA as Direct based on "Burn Pit Exposure" or Secondary to PTSD yet?

What has your VSO-POA Rep advised you to do? 

I came to this site to get guidance; I filed all of my recent claims on my own this time.  However, I missed the appointments due to receiving the appt letter later than the specified date.  So now I had to visit my local VA and re-submit my case for a follow up appointment.  Sadly, my VSO is never at the office and she's now moved to another venture so I currently don't have a VSO and I have pretty much given up on them due to the lack of service that some provide.  My recent VSO is from VFW, she seems to know her stuff but whenever I call, email, leave voicemails etc. well, I never get to hear from her which is totally unacceptable.  In regards to "burn pit exposure or secondary to PTSD" I haven't filed for a claim, yet.  When I was deployed our FOB had a burn pit directly next to our sleeping quarters and we used to smell all kinds of stuff on a daily basis but when you're a soldier pounding the pavement on a daily basis, going out on missions, well you don't tend to think about exposure.  I developed asthma and breathing problems shortly after leaving the combat zone.  During my exit medical or "physical exam" I informed the medical providers had developed some issues with breathing, so it's documented.  So I have to consider filing a claim for burn pit exposure and quite honestly I never thought about it until now.  That is why sites like these help service members a lot!  Currently I am at 90% and it's been a struggle to get here even with a mountain pile of medical records, documented engagements, injuries, hospital stays and treatments.  I've come to understand that the VA doesn't truly care about you and they just want you to give up and stop trying.  For some reason these civilians think that we don't deserve to be compensated for our injuries.  What bothers me the most is that around the country we have Americans and none Americans alike abusing the system, getting Welfare, Link Cards, Section 8, help with utility payments and many even get free housing, WIC programs etc. and these POS have never done anything for this country, let alone risked their own lives for it.  So yeah that pisses me off!  How many veterans do I see who are homeless, especially in the City of Chicago?  Hundreds!  Grant it that many of these veterans refuse to get help but c'mon now this is unacceptable!  It hurts to see other brothers and sisters suffering, especially those who have worn a uniform for this country.  But that’s a topic for a different discussion and please forgives me for venting out but sometimes things just need to come out...  So I apologize for that!  

 

I’m just fighting for my needs and it shouldn’t be that complicated to do so but this is our Government and I’m sorry to say this, but were not getting treated right by the VA nor our own Government.  It’s an unfair trade but I will continue one fighting.  

 

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Do you have a 70% award solely for the PTSD?

If so are you employed?

If not, were you employed when they granted the 70% plus the TBI rating?

I agree with most of what you said- the service of men and women willing to fight for our country -created the VA-

none of you should ever have to fight again, on  the VA's paper/digital battlefield.

Have you signed up here:

https://www.publichealth.va.gov/exposures/burnpits/registry.asp

Here is a winner:

"The opinion relating to his lung condition is based on his active duty records and during which time he was likely exposed to environmental airborne respiratory irritants."

"ORDER

Entitlement to service connection for COPD is granted.

Entitlement to service connection for sleep apnea is granted."

https://www.va.gov/vetapp12/files6/1242301.txt

Whe I read this decision I LOLledat something the BVA said about the C & P examiner-no one knows better then the BVA, how incompetent some of these examiners are.

I need to study this decision- COPD definitely was a burn pit grant- I think the SA had a SMR nexus- maybe unrelated to the burn pits.

The veteran claimed more than just fumes from the burn pits, and this is what he was exposed to;per BVA-

"environmental airborne respiratory irritants", the new lingo for dust, sand, burning trash and of course I guess burning 'shitters'  like they did in Vietnam.:unsure:

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