There must be significant proof to get a successful VA claim these days (as there . is kicking back enjoying his check. If your issue on service in Vietnam has not been resolved as of this date-let me give you a bit of advice/help. I am not getting anywhere with the 800 number. why one was never done i dont know, what i do know is that a friend of his injured his knee playing flag foot ball while inthe USAF and receives a benefit of over $800 per month and will continue to for the rest of his life. Two months later I received another eval letter granting me the 100% P&T! QTC: There is more here than meets the eye folks. Click to Read Gilbert v. Derwinski, 1 Vet. The problem though is that RVSRs at the VA dont interpret this properly, and frankly, neither do the courts. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I hope that i dont offend you when i say your are God sent. Risk factors for obstructive sleep apnea include excess weight, narrowed airways, hypertension, smoking, genetic factors, chronic nasal obstruction, neck size, and diabetes. Find a state veterans claim service officer. to the U.S. Department of Veterans Affairs VA for disability. He adored his niece and loved taking her fishing. All forms provided by US Legal Forms, the nations leading legal forms publisher. the doctors have me on cyclobenzaprine for muscle spas. How does his opinion over rule a board certified immunologist? I have a compressed vertebra due to streptomycin given to me from TB Many VA hospitals and clinics have in-house SOs from the DAV, state, etc to help guide you. Since that night, Johns mood is unpredictable. Typically, normal breathing then starts again, sometimes with a loud snort or choking sound. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Maybe an email from you with subject: Dont Tread on Me may encourage me: kelleykents (at)(gee)mail(dot)com Thanks for caring. As a result, I agreed to move back home. The VA looks at your STRs the information is either there or not. I pray that the good Lord will bless you & your family, and keep trying, never give up my brother, Brother Lewis,, do not give up the fight, until we cant fight anymore, GOD-BLESS.Sincerely Tim. It can turn a productive worker into a problem employee. Awesome info. My retirement physical stated in the doctors own had writing COPD secondary to long standing chronic Asthma. There are several factors that lead to the onset of sleep apnea. Nexus Letters are letters from a veteran's current physician (s) stating their medical opinion regarding the service-connection of a veteran's condition (s). Amber, Virginia. 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. And a response sure would be nice. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Could you possibly e-mail me a good sample letter were my Dr. can fill in the necessary information. Remember this one thing: Your claim is not nearly as important to them as it is to you. I was as thorough as possible with the original application, with assistance from the local rep. Other than the notification of receipt, Ive received no requests for additional documentation, ect. I always tell my clients; no VA disability claim has ever been denied because there was simply too much evidence! I care about all young and old. I hate to hear of so many verterans having to go through so much red tape for help. Any advice would be appreciated. The book includes commentary from Dr. Finnerty about the VA's proposed rule changes related to how sleep apnea is rated. According to the law, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. If so, I would definitely appreciate it. 3.102. _____________________________________________________________, Facebook Twitter LinkedIn Email Print Veterans this week were outraged when they learned how much DAV executives are being, Read More VSO Exec Pay Shocker: Veterans OutragedContinue, Facebook Twitter LinkedIn Email PrintThe U.S. Army has put together a video to encourage the hiring of veterans by, Read More Army Video Debunks Myths About Hiring VeteransContinue, Facebook Twitter LinkedIn Email Print A shake-up within the Board of Veterans Appeals has resulted in former general counsel, Read More Big Data Insider Takes Over Board Of Veterans AppealsContinue, Facebook Twitter LinkedIn Email Print The Dept. The VA does not care about the Vet now or never. 2. Go to the website at http://www.vqlan.org Westley Thomas / USMC / Vietnam Veteran 1966-1968. He told me he is in therapy and working through the events that happened in Iraq. It can turn an active person into someone who's afraid to leave the house. If not, did you have a verifiable stressor statement? (SGM) About a year later the VA gave me 100% SC (but not P&T). it was hoorible and I still have a large pocket of mucuos in my sinus cavity, I am having a sleep study done, could this condition be from being stuck in the head witk a M-113 Drivers hatch without a CVC on? will there be a panacea the VA can reach for, or would VA be willing to try. He is also featured regularly in national publications as an authority on Department of Veterans Affairs policy such as Bloomberg News, Foreign Policy Magazine, Washington Times, Fox News, CBS, NBC, Star Tribune and more. You must keep on top of your claim all the time. Have the doctor do a letter stating that and submit it and based on your new evidence, which they ignored the evidence completely the last time, you should be successful. It takes 60 days for Red Rocket tomatoes to reach maturit, Growing Tomatoes in Containers: Essential Tips for a Successful Harvest, Growing tomatoes in containers is a great way to enjoy homegrown fruits and vegetables without taking up too much space. Iusuallysuggest that disabled veterans keep their disability claims summary to no more than 5 pages. Those from Iraq seem to come first. 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 put in a claim was denied any suggestions. I am a 30 year old OIF Veteran who is currently going through the whole claims process for PTSD. It can also play a crucial role in firmly establishing service connection as well. As a fellow disabled Veteran this is shameful and Im on a mission to change it. More and more research is being done about it, and much news is being written about t. on Top of screenstrode all the way downcheck out their filing system. While each VA buddy statement will be slightly different, here is a VA buddy letter example to consider. ask for referrals to see other doctors if you need to. Provide this to yourVSO or attorney to help begin the process, whether on appeal or filing a new claim or anywhere in between. It is evident, in most cases , the dependent survivors have to eat dirt. my claim is going on almost 2 years with a congressman backing me an nothing has happen. Learn more about how VA Claims Insider can help you get the rating you DESERVE!Speak with a VA Disability expert and start for FREE! All Rights Reserved. Brother lewis, try to hang in there, as this is what the government wants us to do, is to die, get frustrated, then they do not have to give us any MONEY & BENEFITS ! This is where the spousal letter comes into play. Im not ready to give up yet. E-Mail: [emailprotected]. Veterans, this is why I founded VA Claims Insider. Email: [hidden email], National Organization of Veterans Advocates. 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. A few years ago, prior to the PTSD diagnoses, I was diagnosed with mixed (central, and obstructive) sleep apnea. Proving service connection for these is very hard, because the doctors never diagnosed, or documented. Our work is set up on points..we need to work a certain amount of claims per day in order to advance/keep our jobs. VA Nexus Letter; Footer. I had an appeal for 2 1/2 years and when I submitted the paperwork after my second back paperwork, I went up to 40% retroactive to when I filed my appeal. I live in Anderson, IN Ensure that the buddy letter is from someone credible and competent. They screwed up the address again. Their main issue is that they cannot find where I was in country. R. O ignored sworn letters by my pastor of 50 years, a buddy letter, from a nurse with me at each duty station, they ignored the letter by my husband and two daughters. Holding up your claim longer just to be denied. Then medical records and personnel records sent to me from St Louis and VA were totaly incomplete. That is currently the max that the VA will pay veterans with SLEEP APNEA, if at the 100% rating . He threw himself back into what he loved and seemed to improve. They range from 85 years old to 21 years. ), 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 will welcome any other suggestions you might have on my case. I was new to this, so I have no where else to turn to. That is like committing murder to rob someone of what is rightfully thiers. If you are not familiar with secondary conditions. 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. Fortunately, the VA offers sleep studies to veterans who may be suffering Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips) Was your obstructive sleep apnea (OSA) VA claim denied? "Buddy letters" are lay statements provided in support of a veteran's claim for VA disability benefits. Im 30% for PTSD and trying to get a claim for my seizures, which really hasnt gone anywhere as of yet. need a VA layer to represent me in a denial of disability claim 2012 ?/ help please Joseph.A.G. can anyone give me some points of what should i do next. Below is wife statement, please comment if it is good to go. Lets see if this doesnt prove to be true in the next year or two. The young girl then picked up her fathers weapon and aimed shot it in my direction, forcing John to shoot her too. During this time I had problems sleeping which continues to this day. On September 3, 2003, John and I were with XYZ unit monitoring a checkpoint in Anbar Province when a man and his 14-year-old daughter rapidly approached us. This snoring had me to the point that I was going to ask him to move into the coach. Provide every medical complaint to the ships doctor or on base..seek your own records. Now why? We are gathering our resolve in order to attempt to file for his ptsd, which is awful. We all work for our payxchecks but work for our veteran especially. As of the writing of this letter, still no reply. The entire disability claims package, including documentation, was approximately 70 pages. Want to see a real VA lay statement example? It will change your life. and vicodin 10s every 4 hours for pain and also celexa 10mg for depression, but hey im employable lol. So we when went to QTC, and I already faxed his evidence that I gathered including the reckless driving speeding tickets, my documented proof of me trying to contact the base before he deployed, I wanted him to talk to somebody. See 38 C.F.R. Good luck James and God bless. He began drinking heavily7 or 8 beers a night before he turned to liquor. For example, consider a veteran who is seeking VA disability benefits for sleep apnea. If you have a certain number of congestion attacks from sinusitis, it will result in a different / higher disability rating that can be supported solely from a layperson statement so long as the STRs indicate the person had sinus trouble in the military. The threshold consideration is competence: the author of a buddy letter must be competent to discuss the subject matter discussed in the letter. It was good to see him, and I hope that, in time, we can restore our friendship to the way it was before we deployed. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 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. Then the appeal process then more years. There is a court of appeals to remedy cases where VA ignores the law, which VA does on a regular basis. Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. Im hoping and praying that we as veteran want have to hurry up and wait too and so long just to get denied over and over. Layevidenceis generally afforded probative value if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by alayperson. It doesnt matter what you say unless its a mental issue. (3) a medical link PO Box 96503Dept. U>S Army 1971-74. I have been diagnosed by VA mental health and my doctor said I am unemployable. I need a sample nexus letter that a Dr. would provide . He was in the hospital for roughly 3 weeks and then sent stateside for additional recoup. I cannot performed the PRT since then due to various knee and back problems. Rationale: While such statements have self-serving aspects, the claimant is often the most qualified source to describe the circumstances of the disabling effects of the disease or injury. It never hurts to get documentation from your civilian doctor about that condition if you saw one at that time for treatment. Here is another cramp I live with, where mustard on the cramping muscle, dont work. Why Was Allison Hickey Covering For Rubens, Graves? 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. Hopefully you saved some letters, your family saved some, or you have some evidence of in country service. Really good job bilking old Vets out of money when a half-way decent VSO can do it for free-my point is shop around and interview them as to what they have experience with. It can also play a crucial role in firmly establishing service connection as well. VQLANS HEADQUARTERS. 3.303(b) by (a) evidence of (i) the existence of a chronic disease in service or during an applicable presumption period under 38 C.F.R. He had the biggest, warmest heart and lived for his family. 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. VA Disability: $23k PTSD Medical Nexus Letter. 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. A year or so later, John received a DUI and was forced to attend substance abuse meetings. Key Term sleep apnea buddy letter example; Course Hero uses AI to attempt to automatically extract content from documents to surface to you and . It took three of his old high school friends to retrain him and help carry him home. Well it turns out that those super strong titanium rods and screws holding my spine together arent that strong after all. To whom it may concern. For example, buddy letters describing an in-service injury will be of little use in a claim for an increased rating or entitlement to TDIU. He is author of the guideVoc Rehab Survival Guide for Veterans and chief editor of DisabledVeterans.org. My husband was almost killed and he gets nothing. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. I have been asked to write a letter in support of Williams R's claim. I have applied for military disability. 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. mode to head Tag nexus letter for sleep apnea Showing 1 1 of 1 Items With hundreds of chapters across the globe ASIS is. The VA rates Sleep apnea in terms of percentage points, from 0% (acknowledging that you have sleep apnea but it doesn't impact your ability to earn a living) to 100% . 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. Finally received their ruling two weeks ago. They continued walking toward us until the man reached abruptly into his pocket.
Walker v. Shinseki, 708 F.3d 1331 (Fed. The new PTSD rules cover combat veterans. I have done extensive research and found many articles that indicate that rhinitis often causes sleep apnea. Its very discouring to see that applications are routinely denied and delayed, sometimes until the time that the applicant is deceased. so now i have to go through the apeal and no telling how long that will take. Basically, I have hypertension and snoring. If you want to understand how to increase your disability or managed the process, check out my post to increase your disability compensation rating. They say that they reviewed my claim and did not review my military Medical files, because no-one knows where they are. Generally speaking, buddy letters should discuss the objective events and symptoms as they were observed by the author rather than speculation about diagnoses and their respective causes. Cir. Insider Tips: How to Schedule a Sleep Study with the VA, Top 5 Reasons for Obstructive Sleep Apnea Claim Denials. He told me to only list my conditions and let them review the information in my records. I have reviewed the BVA cases of which many indicate apnea granted secondary to rhinitis, sinusits, or asthma. On the other hand, knowledge acquired through specialized training, education, or expertisesuch as the knowledge required to render a medical diagnosis or attribute symptoms to a particular diagnosis or eventis not personally observable and is therefore outside the realm of competent lay testimony. For that reason, I took it upon myself to ensure that they had the correct disability documentation the second time around. 4. In 2010 I was granted 30% for my IBS. Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. I don't know if this helps but things we are claiming are moody, sleep apnea memory loss (associated with gulf war syndrome) PTSD and a few other things. What was the specific reason for denial that the RO gave on the original letter? 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. As for VSOs, do your homework-some are really on the ball, others are useless and it shows in the initial claims we get. Feel free to reach out to us. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. [font=&]My name is XXXXX. and i have to take 2 sleeping pills every night just to get some sleep with all the pain i am in. Thank you for creating this website. I have been fighting the VA for PTSD while in combat in Vietnam for 42 years. 1. As I tell all my clients, just having a condition does not merit a disability rating from the VA. Your claim may be very complex, but carry few pointsso it goes to the back of my box. Now, although your wife statement may be credible, it doesn't carry much weight as does a nexus statement from tour doctor. I am having difficulty finding the wordage to use. As I tell all my clients, just having a condition does not merit a disability rating from the VA. 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. Tell me why. Its unfortunate that most of you have gone thru the HELL of VA. I'm a board-certified sleep medicine physician. The only thing I know is the way I feel and the way they aggravate it. I know what you my fellow comrades are going through. A 50% rating yields $958.44 per month. After you've figured out whether you will claim sleep apnea secondary to PTSD or to another condition, you must demonstrate the nexus or connection to the VA. Is there a link for your amendments? I go thru it daily but, then again I consider them my colleagues because I deal with them everyday and I have to fight for my veterans. I live as permanent resident in Ukraine and all past annual medical expense claims and the current unpaid claim are in Russian language. Someone must bleed the words, Not me, I am probably in the chicken coop . You're not alone. He is most recently employed with the National Park Service and that job will be terminating 8/12/2011 due to budget cuts. Have you already filed an appeal? To be looked at as we should be. 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. 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. Contact us today to discuss your VA disability appeal or your first application. Important: Medicalevidenceof a link to a current condition is still needed to establish SC. I was a kid (like most of us) and what did I know about orders except to follow them. Heres the brutal truth about VA disability claims: non-combat Post Traumatic Stress Disorder, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Is consistent with the circumstances, conditions, or hardships of combat or FPOW internment, and. I, Jane Doe, hereby declare under penalty of perjury that the following is true and correct to the best of my knowledge: I married my husband, John Doe, on June 17, 2001. I did the DeNovo and was turned down. I would like to know why the airforce men at a base in Bangkok, Thialand are being turned down for disability claims on agent orange exposure . Do you think I have a chance of getting a good rating? How to File a Claim on VA.gov (step-by-step)! Instead, it sounds like you are spreading the dysinfo many regional offices put out there to discourage veterans. Because of gigantic budget cuts which are imminent and will be pushed for by the Republicans. This event took place in the US Army back in 1971. Different Forms of 100% VA Ratings (TDIU vs. IU vs. 100% Schedular vs. 100% P&T) Posted by Berry Law on February 9, 2023 in Veterans Disability Just as there are a number of different ways that a Veteran can get to a 100% rating, there are also a number of different variations of receiving compensation at the 100% level, all with different restrictions and benefits. 1. Yes got it: The former Secretary of The VA!!!! 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. A noticeable sign of obstructive sleep apnea is snoring. As of this date (2/8/2011) I am still awaiting. Did you know that sleep apnea, has been medically proven to be a secondary to. I totally agree with you because my Dad, veteran from WW2, was just denied his VA benefits as small as they were. And I did not receive no back retro pay and no increase in my service disability. I would like to see the criteria for agent orange. THANKS JORGE. So I didnt get any help there and I cant afford a lawyer, I live in Texas, any suggestions? For some unknown reason, they were given a 15 day period to reply with a decision and id approved, a rating. Anyone 18 and older with personal knowledge of the objective facts relevant to a claim is competent to write a buddy letter. . Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class).