Here's Why Most Veterans are not proving Sleep Apnea is Service Connected. Went through my interview in which they failed to have my c-files on hand. Also VA doctors decide on examination whether your conditions they treat are service connected, If you get billed for the Medications they prescribe for it, then they have determined that it isnt service connected. Thank you for creating this website. Definitely push the issue. For that reason, I took it upon myself to ensure that they had the correct disability documentation the second time around. I hereby certify that the information I have given is true to the best of my knowledge and belief. Now, I am just trying to understand, that it is a lawyer and not VSO rep., correct??? Plastic or resin containers are usually reasonably priced and large enough for indeterminate tomatoes, but fabric containers, Tips for Successful Tomato Farming in Hot and Humid Climates, Tomato farming in hot and humid climates can be a challenge, but with the right preparation and care, you can still have a successful harvest. My wife worked in the file room at the local VA when it was downtown and listen to thw horror stories about the mix up of the veterans files and the information what happens to it. THAT IS the problem, like many state FIGHT and keep on FIGHTING. I try to strike my husband and call out his name to awaken him up. If your SLEEP APNEA claim is approved, you may receive up to $3,350.87 per month. 3.102. Thank you for your service By the way, the QTC doctor spent maybe 3-5 minutes with me, did no examination, and asked for no health history. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. I cannot hire an attorney at this time due to needing my decision and no matter what, I am planning on suing for one million plus due to non disclosure. How much does the VA pay for SLEEP APNEA? I hope that helps push your claim along by greasing your wheels in at least one way to present your claim to a VA claims adjudicator. As of the writing of this letter, still no reply. This system is their fault, because it is all about time and quantity rather than quality. Who is OTC? I submitted my claim online in May 2010 (received a confirmation number) and inquired in Aug 2010 only be told that the claim have been erroneously closed and would be reopened. [font=&]My name is XXXXX. I started reevaluation in Dec 09. Cir. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Use any workman comp awards after your served and it pertains to your present claim, espeically if you believe that the military cause the issue in the first placelike mental health issues, some work settings can worsen symptoms with PSTD, Major Depression and insomonia I was not rated because according to Navy doctors, an MRI reports showed a spinal bifida occulta S1 defect (birth defect). Romalis Thomas 03/22/2020 To Whom It May Concern: My name is Romalis Thomas, and I trained at Camp Lejeune and . ), I just got to see and had to go to the Veterans Hospital for my (C&P Evaulation for PTSD), the VA Doctor told me, that I had PTSD, and I would be receiving a rating letter from the Veterans Adm. within a short while, this was last Nov. 2010. I was told by a military lawyer to keep fighting. This is very depressing:-(. Danny U.S. Navy 98-2002, Hey Danny, one can get a lawyer from American Legion, for free, how, is this to help with our claims??? Founder of DisabledVeterans.org, a VA watchdog news source that holds the Dept. 2007). There have been some very helpful information provided, You can get a free lawyer through your local legion rep.Mine va rep. is in our courthouse but your American legion can help you. my claim is going on almost 2 years with a congressman backing me an nothing has happen. I have seen a therapist and a psychiatrist, but that just drains me talking about these things all of the time. A spousal letter can help you if you were married during your service and your wife observed the change in you after you developed sleep apnea. How would be there ? I went through Ranger School but wasnt black ops, so you would think that patrols that I was on in Bosnia would be filed with my chain of command. 100 North Main St. Email: [hidden email], National Organization of Veterans Advocates. He began drinking heavily7 or 8 beers a night before he turned to liquor. Buddy Letters (Buddy Statements), also known as Lay Statements, can serve as valuable pieces of evidence for VA claims. The law clearly indicates VA is required to consider layperson statements so long as the statement is something a non-doctor can comment on. The VA claimed I had only seen a doctor 1 time for allergies. Ask for your military medical record if you do not have any copies of ir (i hope you do) and go to the nearest VA place to submit the claim. The rep told me not to include any of my prepared documents. See 38 C.F.R. It should clearly describe how he or she knows the veteran and for the length of time. Here's what I mean - in BVA decision after BVA decision, I saw examples . It seems that family letters are used by the VA for or against the vet. My name is Danny.I was in the navy fron jan 98-jan 2002. while i was in hurt my neck and back.I have had trouble with both since i got out but i tried to live with it to the point that i just couldnt take it anymore. Your greatest fight after you serve is to fight to get what you deserve. It was initially thought that Blane Horton was the breeder for Rebel Starfighter Prime but this has been proven incorrect. I worte a notice of disagreement in a timely matter. In general, a VA claim requires the following: Youll be glad you did. Things were going great until some fireworks went off unexpectedly, which sent John into a frenzied rage. I served in active duty Air Force 1976-1985. since several compensation claims were filed,to cover assignments, ranging from , two years (24 months) in South Korea DMZ line next day after the 24th INF Division pushed the NK, back up north. Most of the time, the evaluating doctor will complete the NEXUS letter, however, sometimes the veteran must do it. They awarded me compensation at 10%. I hope that i dont offend you when i say your are God sent. I'm a board-certified sleep medicine physician. I care about all young and old. I would go now if asked to defend her. We quickly ordered them to stop, but they didnt listen. Thanks, I have filed a claim with the VA Feb 8th 2009. Your claim may be very complex, but carry few pointsso it goes to the back of my box. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Now, although your wife statement may be credible, it doesn't carry much weight as does a nexus statement from tour doctor. It is much more Can I Use Lay Evidence to Win My VA Claim? His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Typically, normal breathing then starts again, sometimes with a loud snort or choking sound. I served from 1968-70, my initial complaints which were backed by the Veterans Doctors, & my own Specialists for the following Diseases, they are as follows: PTSD, Agent Orange, Hepatitis B, after (41 yrs. I also deal with many clients who have been diagnosed with it, post-military-service and do not know how to establish a service connection for sleep apnea. Provide every medical complaint to the ships doctor or on base..seek your own records. They have always been paid in U.S. dollars before April 1 every year. I can give more details upon request. I was unable to exercise and gains wait over 200 plus with a 69 inches height. He was in the hospital for roughly 3 weeks and then sent stateside for additional recoup. Something should be done about these veterans and civilians never having to serve in any capacity of a military branch of armed forces has the gall to deny me and my fellow comrades fallen on their illness to be denied over and over again because they have failed to read the claim for all its worth. 112 Comments. Take a look at our HOME OF THE WORLDS LARGEST INFORMATION BANK! The worst part is the QTC doctor I was sent to is an orthopedic/spinal doctor. examinations for the VA. Who was leading the VA prior to the current Secretary THANKS JORGE. When the Veteran suffers the whole family suffers and it is not fair to the family to have to struggle to take care of the veteran when the VA Government should be providing for them without all of the red tape. Before John deployed, he was stationed at Camp Lejune and wrote me at least once a week. A spousal letter for sleep apnea, which documents what your spouse has witnessed over the years, and the approximate dates he/she noticed your sleep apnea symptoms began in-service IS lay evidence. There are some key things I want to stress in the letter and give good examples like it says to do but do not want to end up with a book. 0 percent rating for asymptomatic sleep apnea with "documented sleep disorder breathing.". The following is to provide you with view inside VSR-world. Lay evidence is one type of evidence that must be considered, and that competent lay evidence can be sufficient in and of itself. Yes got it: The former Secretary of The VA!!!! Click on Trace Your Claim As my boy mind is clearing up I see other issues that will raise his ratings. There is a court of appeals to remedy cases where VA ignores the law, which VA does on a regular basis. VA Regional Office All Rights Reserved. I am hiring a Lawyer and I will see someone from the Comp & Pen meeting in front of a Judge. Heck no-I would just have to wait months for the next one. E-Mail: [emailprotected]. I recall almost on a regular basis where it sounded as if he was choking in his sleep and gasping for air. Getting a spousal letter supporting sleep apnea is a great way to get this lay evidence. Total Disability Individual Unemployability. In Feb 2005, I was informed by a doctor at Fort Hood that I had COPD secondary to my asthma. Importantly, obstructive sleep apnea is not one of the conditions that are listed under 3.309(a), and the Veteran must otherwise show that his sleep apnea is due to an event, disease, or injury incurred during service. I am 87 years and my principal, among others, malady is CS F rhinorrhoea which means that the brain containing sack was punctured in a fall and the fluid continues to flow every minute every day. The more help, the better. I have shrapnel in my right knee from a grenade that got me just outside of Camp Dobol and the nightmares from the bodies in mass grave sites. The book includes commentary from Dr. Finnerty about the VA's proposed rule changes related to how sleep apnea is rated. I dont know what the outcome will be nor do I have my hopes up. Again, I filed for anxiety disorder and VA listed through my records seizures due to talking to my wife (lay person). This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Not every VA claim needs a nexus letter because in some cases, the link to service is undeniable. There are several factors that lead to the onset of sleep apnea. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Then in the spouses own words, talk about the change noticed in the veteran. 2 if you are unable to find your form here you may want to visit. It would have helped her out greatly. More and more research is being done about it, and much news is being written about t. Overview of appeals process Tip Sample appeals letter. On July 2015, I received an evaluation letter from the C&P stating that they are dropping my evaluation to 90% . The United States Government should take a long look at the way it has treated people throughout its history; Indians, blacks, and veteranshmm seems to be a pattern here. Suite 1700 My summary letter was 5 pages. "The Forms Professionals Trust . They were sent directly to the VA by the USAF in 1990. We have the form sf 95 but not sure where to send it, I need assistance, any help would be greatly appreciated. Additionally, if you need more information about what a letter for your support looks like, check out our additional resources here. I requested my other doctor to write a letter for the VA but he requested that I give him a sample letter that would be sufficient in wording for the VA, and he would be more than willing to help me out. I need to talk about it and she needs to hear it. Claims for disability compensation based on service connection of PTSD are one of the most commonly filed claims, but such claims are not without pitfalls. If I were to hire an attorney, he would get his normal retroactive fee. VA Nexus Letter; Footer. I received 90%. Image that one! 2. The VA would then followup via telecom. #34938Washington, D.C. 20090-6503, Phone: (888) 878-9350 We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. I was told that nothing is owed to me that my disability for anxierty. Lay evidence is competent and credible if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. Thanks again and Regards Was it verified? In 2010 I was finally granted 30% for major depressive disorder. RELATED: Veteran Shocked By Disability Rating Reduction 70 To 0 Percent. Justice and fairness is all we want. Some are slam dunks and I can generate the claimants award within 30 minutes of reviewing the folder; for othersamateur night, you can tell. I forgot, I can take the money with. James, the only idea that I can give you is too possibly contact someone who was in your unit at the time of your fall.If possible get more than one statement. I need an updated award disability letter since the bank i am applying for a loan doestn want to work with my original one i need help. ***EXAMPLE BUDDY STATEMENT*** September 6, 2006 To Whom It May Concern: I served with, ''the veteran" in, "Military organization" during, "specific time frames". For example, if you suffer from sleep apnea that is related to your service, then you would talk more about how this disability is linked to a service event and how it affects your life. Between the VA and Veterans, accord will never exist. I recently submitted a claim for sleep apnea secondary to PTSD with the assistance of the Disabled American Veteran's org (DAV). I have diaphragmatic paralysis, which has lead to COPD and other ailments. When it comes to sleep apnea, there are several types that you can qualify under. It took them 9 months to approve my request and that ended up been $13,000 in one payment direct deposit into my bank account. After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. Thats the way they play the game. I have no language interpreter today and no American group or person to assist. Daniel Lawson, Sfc US Army Retired. If you want to understand how to increase your disability or managed the process, check out my post to increase your disability compensation rating. Hang in there and hopefully, I will hear that you were successful. In 2009, I started my fight again for my benefits. I cannot stand facebook but to find people who served with my son prvided me with loads of info, but you have to decide how much is revelant in your case. My prayer is wait upon the Lord he will hear our cries he will incline upon us he will pull us out of this horrible pit,and this mury clay place our feet on a solid rock and establish our comings and our goings. Then in the spouses own words, talk about the change noticed in the veteran. From hang-nail to blindness, the veteran is very much out of luck. I ended up with a pacemaker/defibrillator implant. 5107; 38 C.F.R. See 38 U.S.C.A. They continued walking toward us until the man reached abruptly into his pocket. wait-wait and more waiting. I also had documented abnormalities even when I was active duty. I have also been diagnosed through an MRI of the brain with focal seizures. I am sickened, sad, and angry after reading these posts. This is where the spousal letter comes into play. I am also trying to put a VA Claim together for COPD. My immunologist reviewed my medical records and had written a supporting letter saying this happened during time in service. Any help will be greatly appreciated. My stressor is about 1 page long, but my VSO told me it was not good enough to get approved. It can turn a devoted husband or wife into a spouse who's moody and distant, or even . If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Any idea how to proceed? Perhaps to save you all hiring lawyers try using the VET organizations like VFW , Order of the Purple Heart or American Legion most have offices at VA centers stop in and talk to one of them they are very helpful and can help you out. I did the Notice of Disagreement and was turned down. QTC: There is more here than meets the eye folks. A veterans own statement, covering in sufficient detail a condition that is within his/her ability to describe, such as his/her own symptoms, may to that extent constitutecredible and competent lay evidence. I went to neurology several months ago and she listed in report that I told her I had not had a seizure in years and I was furious, so sent her letter stating I never had a seizure period and she never responded. We need an IG inspection to just wipe out a many that0is just qorking for and oinly a paycheck. The Rep for whom failed to file what he told my wife and I he would do. I could probably get benefits for seizures, but itwould be illegal to claim and I do not need this stigma on my record. The call is free and we won't charge you a single fee unless we win your case. He filed paperwork and has a 0% rating for two things but they denied 8 others. Buddy letters are lay statements provided in support of a veterans claim for VA disability benefits. the va had done x-rays and mris and the va apointed doctor stated that basically this guys back is beyond repair. This one head surgeon here in California stated I compressed my vertebra falling down a flight of stairs when I stepped off one stair, I was lucky to spot this when I pulled my Clinical reports. Basically, I have hypertension and snoring. 2900-0776 respondent burden: 15 minutes expiration date: 11/30/2017 diabetes mellitus disability benefits questionnaire important - the department of veterans affairs (va) will not pay or reimburse any expenses or cost incurred in. Instead, be the squeaky wheel! No va claim will get approved without this link. 4. Regardless of the official diagnosis, all are considered a serious medical condition. One year for the whole claims process. Never about Iraq and my whole Army experience. Fax: 336-714-5999 Paige Ingram is an Associate Attorney at Gang & Associates, where she focuses her practice on representing disabled veterans before the U.S. Court of Appeals for Veterans Claims. Nexus Letters For Sleep Apnea. Walker v. Shinseki, 708 F.3d 1331 (Fed. This is an outrage for the United States of America and it is time the seniors stand together, with their supporters and put a change to all of this political crap.! They said they needed more info from my regional office in Reno and that they had not investiagted my claim enough. And the most frightening thing was during the time of his snoring, he would stop breathing for a while. The new PTSD rules cover combat veterans. As I tell all my clients, just having a condition does not merit a disability rating from the VA. The VA is saying my COPD is unrelated to the fall. When it comes to free meals on veterans day he gowns himself with stolen valor uniforms cause he has no documentation of being a veteran just to feed his fat self. There are some nasty habits in VA that are part of the institutional culture. I filed under the benefit delivery at discharge program (goal of 2-4 months for determination after separation) and now almost 7 months after separation I have no rating decision. I will, at my next appointment, force the shrink to listen to me about my experience. I am very good with SSI/SSDI cases because that is my actual job 9 to five.. Go to the website at http://www.vqlan.org On, "date if possible" I was with, "the veteran" while we were stationed on with over 20 years of Service and while I was filling up the paperwork to get Promoted to E-9. He said they didnt want the extra documents and I would be wasting my and their time including it. In order to ensure the VA accepts the statement as being from someone credible and competent, the person giving the statement should have first-hand knowledge of the veteran or the veterans service. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Thank you. Lay persons are competent to provide evidence regarding things they have personally observed, including symptoms that are capable of lay observation and when those symptoms occurred. Base Total sample Letters indicate. Many times a Vet will have a condition that there IS NO TREATMENT for thus they will not see doctors, but just put up with it. This time, Im assuming due to clerical error, they were sending all of my paperwork to the wrong address! For example, if your service records include a diagnosed . Unfortunately, the truth is VA works ardously to help vets, but the the C&P evaluators are the ONES who run the show. I have been seeing my private physician for many years and have been approved for several service connected disability but all of a sudden I need to go to one of their doctors. It requires several key components, This is where the spousal letter comes into play. The spousal letter should have a flow to it. According to M21-1, layevidence, or a VA lay statement example,is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of Service Treatment Records (STRs), for a combat Veteran or FPOW, if the evidence. Therefore, we are out in the middle of nowhere. I received no complaints from doing that. I would like to know if some one can advise me on how to proceed. What is the veterans reaction toward VA giving out 17 million dollars in free bonus during the year 2015. A 50% rating yields $958.44 per month. I totally agree with you because my Dad, veteran from WW2, was just denied his VA benefits as small as they were. I was denied, even tho I have letters from three different specialists, who have stated the lung problem was caused by my following from the rope. I just wonder are We gonna let them get away with this without a fight ? Youll be glad you did. It means that the VA MUST consider all lay and medical evidence of record in a case with respect to benefits. The claims adjudicator also completely ignored all my treatments for sinusitis. How they come to this conclusion is beyond me, because as far as I know I didnt know you could joint the military as a cancer patient. Make sure you get it notarized, seek out those who fought with you- if possible You would know this if you were working with a Veteran Coach from VA Claims Insider! to this date, i submitted a claim in on feb 3, 2010 in for numerous illness, and have contacted my congressman john lewis for help. Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. It is erroneous to claim layperson statements only matter for mental health claims, I hit my head and lost consciousness while in combat that resulted in stitches later. If the person has a record of stitches on the head, VA will need to consider the layperson statement. Presently I have obtained all the evidence I need to submit my claim. Risk factors for obstructive sleep apnea include excess weight, narrowed airways, hypertension, smoking, genetic factors, chronic nasal obstruction, neck size, and diabetes. In any regards youre providing a great service. I would also notice he seems to be almost tired in the morning, he feels irritable and would fell asleep sometime. How to File a Claim on VA.gov (step-by-step)! Also he is a Gulf War Vet so atleast I knew he could some how relate. The fruit typically ranges from 8 to 10 ounces and is smooth with no blemishes or cracks. Youll learn about the Forgotton ones and how the veterans have been screwed by the system. 3. I was honorably discharged from USMC for chronic back problems after a fall while in training. The VA uses certain criteria defined in 38 Code of Federal Regulations 4.130 to evaluate the severity of a former servicemember's sleeping disorder. Hope its over soon . military treating physician. Even better, use his or her letterhead to write it. No payment until after dead. I have been searching for that sample letter and am having a difficult time finding it. They had over two months to get them there and failed an easy task. As a fellow disabled Veteran this is shameful and Im on a mission to change it. The wrongs can now be righted while those of us are still able to submitt and win our claims. They will probably not go through your records as closely as you would, so always make reference to everything relevant to your claim. I have done all of the work and an attorney would never have done what I have done. DOCKET NO. The problem though is that RVSRs at the VA dont interpret this properly, and frankly, neither do the courts. I went to the office, no one wanted to do anything because were not sure what he did and how he did them. When John returned, he moved all his things out of our bedroom and into the basement. letters and electronic mail. Please send me that sample letter I so desperately need. 01.
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