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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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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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blahsaysme2u

When you win,  please come back to this site and let us know,  and if any of the information you recieved here that basically won your claim  please feel free to comment on it..*.in the success forum*  here on hadit

Thank you for coming to hadit and come anytime.

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OK SO AN UPDATE:

I had my trial with the BVA. It went surprisingly very well. And very quick. Only 15 min in total from calling in to hanging up.

For those that haven’t been following, I filed for OSA after leaving the service (I was national guard and was in Iraq) in 2008. I had OSA symptoms that started while in Iraq. I reported these and was told by platoon sgt that if its not life threatening I didn’t need to go to sick call. The doctors that did my exit exam advised me these symptoms sounded like OSA and wanted me to get tested for it when I got back to my local VA. I did this immediately and was DX 3 months after getting home from Iraq.

I filed a claim-DENIED. I was young and gave up thinking I didn’t know what I was doing or how to go about getting benefits.

Fast forward to meeting my wife- she pushed me to go after my benefits. I got buddy statements and resubmitted my claim for OSA. DENIED. So I filed for appeal to VBA.

Ok you are caught up. The TRIAL:

Basically, my lawyer (provided by my VSO, Virginia Department of Veteran Services) asked me what my symptoms were in Iraq, who I told, who heard them, and pointed to buddy statements in the record. This was about 8 min of testimony on my part. Afterwards, the judge said “thank you Mr. X- you answered the questions we needed as to the symptoms you had while in service and I don’t have any follow up questions. You have cleared this matter up to your service connection.” I did ask the judge “I have buddy statements that said all this already, why did it take me having to come to the VBA to get this resolved.” She said she didn’t know why the VARO didn’t acknowledge those buddy statements, but she is definitely going to mention that they missed them in her decision. SOUNDS PROMISING, EH?

And that was it. So now I sit and wait. I am concerned for a few things. EED being the biggest. I was recently told by the lawyer at the VSO that because I didn’t keep appealing the original denied claim from 2008(because I stopped trying), my EED could and probably will be set for this latest claim that started just a few years ago. Then I will need to appeal the EED and start this fight all over again. Anyone have intel on this?

I just want to be done with this, but if I win this SC, I will officially be in the 100 club.

UPDATES WILL CONTINUE AS THEY COME>>>>STAY POSTED

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