Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
sleep apnea deferred + tinnitus Sleep apnea deferred + Tinnitus
Rate this question
Asked by
Semperguy,
-
Tell a friend
-
Recent Achievements
-
Our picks
-
VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
Rating Issues
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 4 replies
Picked By
RichardZ, -
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
- 0 replies
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Question
Semperguy
Hi fellow vets, I have been in the shadows learning and reading on this forum for awhile and decided to register as I need some help with my claim. I have a couple of questions.
I got my decision letter yesterday which is dated for 01/25/2021.
1) I got awarded Tinnitus 10% but the effective date is 11/24/2020. I believe this is wrong since I submitted an Intent to file on 11/25/2019 and have paperwork/copies to prove. Any suggestions on the best route to take to contest this and have it corrected?
2) My decision letter also states " A decision on entitlement to compensation for sleep apnea is deferred" on page 3 also states "The issue of compensation for sleep apnea is deferred for the following information: VA Medical Opinion"
a. That is everything on the letter regarding the sleep apnea
To give you some background info on the sleep apnea I was tested at the VA for a sleep study back in 06/2019 due to sleep issues I was having which I shared with my VA psych doc. The sleep study showed I have sleep apnea and I was assigned a CPAP machine the same month and have been using it since. I was seen by LHI in 01/2021 since I put in a claim for "Sleep apnea secondary to PTSD".
I was honorably discharged from the Marine Corps 08/2013. I was service connected for PTSD 70% and right wrist strain 10%. I am service connected for many other issues at 0%. I am going to the VA regularly and taking medicine for my PTSD. I had also filed an increase for my PTSD with the claims mentioned above but that stayed at 70%. After reading much on here I believe this rating is correct since I am working part time from home. I had believed to be 100% for many reasons as my journey has been very tough but I am taking it one step at a time.
I appreciate any help and guidance I can get on this. It has been pretty stressful but the vast knowledge I have gotten here has been priceless and has given me the confidence to create and pursue my claim.
Link to comment
Share on other sites
Top Posters For This Question
2
2
2
1
Popular Days
Feb 11
5
Feb 13
3
Feb 10
2
Top Posters For This Question
broncovet 2 posts
Buck52 2 posts
Semperguy 2 posts
GBArmy 1 post
Popular Days
Feb 11 2021
5 posts
Feb 13 2021
3 posts
Feb 10 2021
2 posts
Popular Posts
GBArmy
Semperguy Welcome to Hadit You have done what a lot of veterans do; watch and wait and read. Then read some more. As for the effective date, EED, you get when it is found or when you have filed, which
Carl the Engineer
For me, deferred, was a good thing. It took longer, and it went to 2 additional raters, but in the end I got my increase. As it was explained to me, some facilities have specialties in certain areas
9 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now