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Sleep Apnea


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i havent posted in a while. i was denied my claim for sleep apnea and got help from the state VSO because i couldnt get the vfw or DAV to return my phone calls. 

i in the army national guard. i was in 03-09 and was deployed to Iraq in 07-08. upon return i immediately went to the va and filed for benefits for health care. i was injured in iraq and filed claims for those. i also was having problems sleeping and the VA gave me a sleep study(4 months after discharge from active duty) and was diagnosed with sleep apnea. i filed a claim and it was denied. 

years have gone by since then and i was trying to get a claim for my sleep apnea once more. last year i submitted a claim(thinking the claim i submitted in 2008 cant be appeal etc.) i was denied a couple months ago again saying that my diagnosis was not "in service". now while i understand i was not active duty at the time of diagnosis, it was only 4 months after. also, where in Iraq would i have been able to get a sleep study done? 

i have been trying and trying to get help with this claim and doing research on my own. i was not getting anywhere. soooooo i went to the VSO. he immediately says "this is a CUE". he says that since the diagnosis was less than a year from discharge from active duty, i should have been granted service connection. so i am confused on this because its not listed by the VA as a presumed disease. is this CUE going to fail? if not, i was also denied service connection for my allergies that i was diagnosed with around the same time. should i file a CUE for that as well? 

 

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It appears to cover all of the bases.  Being that you did apply within the one year time frame it should be presumed as your VSO's lawyer states.  I cannot say that I would be uncomfortable going with

I completely agree with you Broncovet. Were you exposed to burn pits in Iraq- vets have claim asthma, COPD, sleep apnea, and many other disabilities due to proven burn pit exposure.But I am sure

You received very good advice from Broconvet.  If you received any treatment and or prescribed sleep medications such as valium, seconal, etc while serving in active army and or Iraq then copies of th

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Well, yes.  Here is the deal.  You get an entrance physical.  You serve.  You get an exit physical.  For the next "golden 12 months" after service you are given a "presumptive" that anything you get was caused by service.  I agree its probably Cue.  Did you give the VSO a POA and is he filing it for you?

Alex calls it the "golden year".

https://asknod.org/2019/12/13/friday-the-13th-what-else-could-possibly-happen/

Scroll down to golden year.  

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You received very good advice from Broconvet.  If you received any treatment and or prescribed sleep medications such as valium, seconal, etc while serving in active army and or Iraq then copies of these type medical records can be very helpful.  Same goes for your allergizes.  Even a sick call slip is considered solid medical evidence.

If you have been diagnosed and VA service connected for a mental disorder and or physical disorders then you may be able to claim your SA is secondary to one of those disorders and their medications.

I agree with the others you seem to have clear case of CUE due to your condition and diagnosis occurring within one year from separation from active duty and I THINK this applies to other medical issues besides those on a presumption list but I am not sure here.  Your VSO sounds like he is on the ball.

My info is not legal advice as I am not an attorney, paralegal or VSO.

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thanks my friends. even though you guys are not "attorney, paralegal or VSO." you guys know your stuff. i dont think anyone can ever know for sure what the VA will do. they are tricky and cheaters. so even if the law is on your side, and you guys know better then me, they can find a way to delay or try deflate your sails so you give up. ts sad! but they forget us mil guys are trained not to give up....and i am more stubborn than most. i will fight on my death bad to make them acknowledge i am in the right here. 

just drive me crazy that i was dianosed just 3-4 months out of active duty. like sleep apnea doesnt develop over night...just frustrating they dont see it that way!

thanks for letting me vent and again thanks for taking time to give help to us guys that are lost. i try and search here for answers for things before i post a question, just there is sooooo much info on HADIT. 

 

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