hypertension Is Any Disability Sc Automatic Rating?

[Jerry_O]

I was recently diagnosed at KC MO VA hospital for Chronic Obstructive Pulmonary Disease(COPD) and a subsequent sleep study for sleep apnea (sp). I was provided inhalers that I use four times a day.

I have been out of the Army less than a year. I still have a claim pending for MI, hypertension, neuropathy, ED, and increase in PTSD.

If sleep apnea is diagnosed as being what they suspect and I am provided a sleeping/breathing device do I still file for a claim for increase in disability?

Also, should I wait until my outstanding claim is adjudicated before I file a new one? Prior to entering active duty last period as a volunteer I was diagnosed with Gerd and skin cancer. I never claimed this however active duty provided medicine and care for both. I had a skin cancer lision removed recently.

I am 60% and really don't know that much on how to file and such.

Thanks so much.

Jerry

[jbasser]

Get everything on tha table.It does not matter if it is a first year separation or a 20 year after claim. The longer we wait the more money a person loses in the long term.

[Jerry_O]

Bertha, Theotherguy, and all other concerned Vets.

I was 40% disabled prior to recall to active duty from retirement. I am now 60% due to DMII.

I was presumptive qualified for DMII after my discharge in Aug 06. I curently have a claim in the system (8 months old) for a heart attack while on active duty with stint (left Vert), hypertension, ED, and an increase in PTSD as I worked Casualtiy and Mortuary Affairs for two years which brought back flash backs, nightmares, et al from Vietnam. So all this is pending.

VA most recently diagnosed me with Chronic Pulmonary Obstructive Disease, left and right lower extremities neorapathy, and possible sleep apnia (sleep study has been requested).

As I understand from all of your concerned and appreciated advice I should go ahead and file prior to my one year date of discharge to have it in the system.

However; if VA states I do have these maladies such as CPOD, neorapathy, and sleep apnia do I still need to go through the filing process or while that be an automatice disability?

Thank you all so much!

Jerry O.

[john999]

Jerry

Unless the conditions are accepted as service connected you need to file before the one year is up and have proof that you kept the dealine.

[cowgirl]

do I still need to go through the filing process or while that be an automatic

Yes, Apply, from what I understand there is no automatic disability award.Ask for it, make a copy, get a Service Officer, collect copies of your Service Medical Records (SMR) and Compensation Files (C-file) from the V.A., get Independent Medical Opinions (IMO) to state your current health condition and if they believe it connects back to a medical issue while you were in the service. Collect buddy letters and other supporting documents best as you can. (incident reports, newspaper articles,unit history, etc)Study the Regulations CFR 38 and M21.

[Berta]

Good advice- I dont know about the COPD but I feel every thing else you mentioned can be service connected directly or as secondary-

You dont have to fill out the 21-526 again-

but you do have to state a formal claim to include all of thse conditions.

They have to have medical evidence of the association of some to the DMII and the PTSD will be a separate issue too.

When a vet files after first year of discharge, and during that year their conditions were manifested to at least 10% the award will go back to the day after discharge.

Did they lump your heart disease into the DMII 60 % award?

Are you a lifer?

Have you looked into any potential you might have for CRDP or CRSC?

[Berta]

PS- if you are not employed -I would apply for TDIU if I were you.

This is the 100% comp rate.

These are significant disabilities-and the PTSD has yet to be rated-

You might as well get this application in now too-

if you arent working--

What I see here is that- when a PTSD award is made- or even the PN award-I am optimistic that they will award on these conditions-

then you will be at 70% or more- (I am assuming this just on personal experience) therefore the VA would have to make a TDIU determination anyhow- if you are not employed.

But they might give you an EED that could be better determined (more retro) if you yourself file the app-now- so they would have a EED date that coincides with the application date and not when they decide your EED.

With award of 70% SC or greater-the VA is supposed to determine if TDIU can be awarded-70 % triggers the VA to consider that.

But upon receipt of TDIU app whether the vet is even "0" NSC-if the medical evidence reveals TDIU due to service -that day the vet sent the app in is the EED.

I had a vet like that- private med recs for PTSD,private Dr statement he was unemployable due to PTSD from service.

He never applied for any comp before.

I told him how to prepare his evidence and attach it to the TDIU form-

4 months later-TDIU award-date of app was the retro EED.

I didnt know if the claim would fly but no where does it state on the form that there is any SC % you have to be-to apply-

vet reps and SOs dont want vets to know that.

# 18- check Yes and apply for SSA disability benefits- # 25 Remarks,

Tell them the side affects of your SC meds and how they hinder employment-and tell them anything else they should consider.

You can attach a separate page to the form but refer to this page in # 25. Here is the TDIU form.