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By weep4souls
I'm a Gulf War veteran with 90% S/C for various conditions. Some conditions that have been denied have been frustrating since I'm still suffering with symptoms. How can I create a Nexus for sinusitis and sleep apnea? I'm 30% for asthma and tried to create a relation between sleep apnea and asthma, but that was a no go. I was thinking trying again and tying my PTSD to that. Any thoughts?
I was also shot down on sinusitis from the get go, but I thought all I had to do was tie my gulf war time to that condition. I guess I was wrong.
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By vgorman0306
Hey guys,
I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation.
I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner
also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me?
thank you for responding.
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By madog31
I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old. On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone. I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist. I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness.
I had not had any sort asthma symptoms for at least 8-10 years prior to service. During rigorous running and physical training in boot camp, I had an asthma attack and had to go to the dispensary.
I filed a claim recently for service connection for asthma because it was aggravated in service and I was treated for an attack in service. I also have a 40% rating for a knee condition and have not been able to do much to be active over the years. At my most recent yearly VA physical, my cholesterol and weight were both going up so I figured I needed to do something to get some exercise. Swimming laps is something suggested to me so I tried that and after about 20 minutes of laps I had to quit because I was having asthma breathing problems. I told my VA doctor who treated me with a daily inhaler and a rescue inhaler. Both have helped improve symptoms.
The VA denied my claim for asthma saying it was preexisting. I had been asthma free for almost a decade prior to service. If regulations at the time I enlisted say I should have been disqualified for service, but they let me in with a presumption of soundness, what steps do I take in my appeal?
My mother has written a lay statement of the chronology of my childhood asthma and when symptoms were gone. How do I show aggravation v exacerbation? What should a doctors IMO say?
Thank you.
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By Organized_Chaos
What's up Fellow Vets,
I am new to this site and I wanted to explain my case and get advise.
I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me.
Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states:
a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary):
Veteran reports excessive daytime fatigue and sleepiness, unrefreshing
sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017
whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed
improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4
hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day.
Does the Veteran's sleep apnea impact his or her ability to work?
[X] Yes [ ] No
If yes, describe impact of the Veteran's sleep apnea, providing one
or
more examples:
he is tired throughout the day. His poor sleep has led to foggy
thinking and poor short term memory.
I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
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By Organized_Chaos
What's up Fellow Vets,
I am new to this site and I wanted to explain my case and get advise.
I was medically discharged from the Army in 2004 due to a diagnosis of asthma (30% disability). I never had any kind of respiratory problems until I arrived in Germany in 2003. I started experiencing difficulty breathing, shortness of breath, excessive snoring, dry mouth, fatigue, ect. After several trips to the doctor and several tests, the Army doctors diagnosed me with having asthma. I never had asthma so all the symptoms i was experiencing were new to me.
Fast forward to 2017, I was having trouble with the hormones in my body. I was experiencing ecessive daytime sleepiness, fatigue, memory problems and loud snoring (ask my wife). After several tests and appointments, it was requested by my doctor that I have a sleep study performed. I didnt know why I would need this test but reluctantly, I agreed and took the test. After the test, I was diagnosed with severe obstructive sleep apnea with an AHI 77.5. Moderate is 5 and severe is 10+. So it turns out that the symptoms i was experiencing while in the army were of both asthma and severe OSA. The doctors in the Army never even mentioned or tested me for sleep apnea. I had a DBQ done at the VA Hospital in which i am being treated. In the DBQ, the Dr states:
a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary):
Veteran reports excessive daytime fatigue and sleepiness, unrefreshing
sleep ,snoring and frequent awakening. He had a sleep study at Northport VAMC on 8/11/2017
whihc showed severe obstructive sleep apnea with AHI 77.5 events per hour. He had a CPAP titration study on 8/23/2017 which showed
improvement to AHI of 12.9 events per hour. He just got his CPAP machine yesterday. As of now, he gets about 4
hours of sleep per night. He does not restorative sleep. He does find himself falling asleep during the day.
Does the Veteran's sleep apnea impact his or her ability to work?
[X] Yes [ ] No
If yes, describe impact of the Veteran's sleep apnea, providing one
or
more examples:
he is tired throughout the day. His poor sleep has led to foggy
thinking and poor short term memory.
I just went on ebenefits and submitted a claim for sleep apnea and Unemployability. Do you think i have a valid claim?
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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Ken Dillon 1
When I was child and early teen age years I had bad asthma, around 15/16 it went away, played football, ran track etc felt great. At 18 join the Marines never told them about the asthma,the recruiter told me just say no to any questions. I never had a problem in service (8 years 3 months) I was in Marine Air I was helicopter mechanic and crew chief on CH46. After I left the Marines back in 1988 had no problems until 2012 when asthma returned and stayed, I never smoke, the only connection I see is jet fuel and the chemical we used daily,, Do I have a case or am I barking up the wrong tree.
Thanks for your input
Ken
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