I had a hearing with a judge and my VSO back in May 2007 and have still not had a denial or approval for my claim. Your claim may be very complex, but carry few pointsso it goes to the back of my box. I prepared a chronological list with details about the conditions I intended to file for sort of like you have here. Our VA system are far remove from the veteran all is seen is that some civilian or fellow veteran working are not truly dedicated to our voices and hurt. 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. Is there anything that can be done to prove an injury was service connected. Fax: 336-714-5999 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. and vicodin 10s every 4 hours for pain and also celexa 10mg for depression, but hey im employable lol. It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. Do you think I have a chance of getting a good rating? Hi Danny, . Referencing. I was told that he will be approved. 14-01 657 ) DATE. He was a comtech(telephone installation)While working on a telephone line, he was electrocuted. Just about every Vet from my time at the VA hospital in Ann Arbor Mi feel the same way. App. IN .MD and no luck so far ,pardon my spelling,thanks for reply ! of Veterans Affairs' feet to the fire. When filing a VA disability claim, former military service members can fill out the VA Form 21-4138, also known as the Statement in Support of Claim.This is a multi-purpose form that has been used by the VA for many years, on which veterans are able to write any information . The spousal letter should have a flow to it. We spent six months in Ira, surrounded by constant chaos. The doctor ordered a sleep study and he was granted to use a CPAP device. The worst part is the QTC doctor I was sent to is an orthopedic/spinal doctor. It took me over a year. Cir. Then medical records and personnel records sent to me from St Louis and VA were totaly incomplete. I try to strike my husband and call out his name to awaken him up. 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 was sent asap a form letter to sign to give him the permission he and his staff needed. All I have to say, you are ready to serve again? Getting a spousal letter supporting sleep apnea is a great way to get this lay evidence. Lay evidence is one type of evidence that must be considered, and that competent lay evidence can be sufficient in and of itself. They make so many mistakes and if the info was in, and it wasnt reviewed properly and a erroneous disability determination was determined, that is a mistake they made. My summary letter was 5 pages. examinations for the VA. Who was leading the VA prior to the current Secretary No va claim will get approved without this link. My stressor is about 1 page long, but my VSO told me it was not good enough to get approved. 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. They were the ones who loaded and unloaded the canisters of agent orange. Contact your Senator in Wash., DC. A long, rambling letter just obscures why you are writing. This section should include as much information as possible to readily highlight for VA the letters credibility, competency, and relevancy. By far the worst are from lawyers elder law specialists.they like to charge the poor claimant to do a POA, but guess what? For example, if your service records include a diagnosed . They arent in any hurry, either. 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. @mstaiadair Thousands of other Veterans in our Community are here for you. My claim is for retroactive from 1956 to present. Although we all have an advocate that Will stand in the gap for each and every one of us. Thanks in advanced. He enlisted in the U.S. Marine Corps a year after our wedding and served honorably as a combat engineer from July 2002 to July 2006. I have done extensive research and found many articles that indicate that rhinitis often causes sleep apnea. Is there a link for your amendments? The spousal letter should have a flow to it. I was not rated because according to Navy doctors, an MRI reports showed a spinal bifida occulta S1 defect (birth defect). It provides the step by step process of researching your claim. 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. What a waste of time. Domestic Violence Records can be helpful if it describes your behavior bizarre crazy off his/her medication I do not want something for nothing. We have the form sf 95 but not sure where to send it, I need assistance, any help would be greatly appreciated. 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. If I were to hire an attorney, he would get his normal retroactive fee. I have a similar claim for PTSD and unemployability and have been denied even after the PTSD rules have been changed. I am a military mom, my boy served on the USS EnterpriseHe came home a wreck. https://www.youtube.com/watch?v=ex-XxP23x38. Copyright 2023 VA Claims Insider, LLC. I have letters from my doctors rating me at 100% . 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. Sorry thats just how I feel. This can establish a life impact for a veteran. He told me to only list my conditions and let them review the information in my records. 163. He seems to be sleeping normal and no more snoring but when he is not using the device he still snores and would stop breathing. Good luck! 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. And a response sure would be nice. Getting your file is the first real step to winning your disability claim. In this post, I provide veterans with a real VA lay statement example. He has weeks or so where he seems like his old self before randomly turning into someone I dont recognize. The entire disability claims package, including documentation, was approximately 70 pages. my claim is going on almost 2 years with a congressman backing me an nothing has happen. Lets see if this doesnt prove to be true in the next year or two. I cannot performed the PRT since then due to various knee and back problems. I suffered damage to my left eye, left lung. After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. Tell me why. Also, go to the VA for everything. They range from 85 years old to 21 years. My psychotherapist is thinking that I might be suffering from PSTD. 0 percent rating for asymptomatic sleep apnea with "documented sleep disorder breathing.". Click to Read Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. The way the VA is, Im guessing I will be needing legal counsel shortly. He worked as a chef in a local restaurant, and cooking big meals was one of our favorite things to do together. I have been seeing a VA psychologist and psychotherapist for the past 4 months and I know that has to be included into the documentation they have requested for me. Once more I had to clear up that issue and start over. Nexus Letter Military Disability Made Easy #1 in Veterans Disability This information is especially important if your service treatment records lack sufficient medical evidence of any in-service disability or condition. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Tips for Writing a VA Buddy Letter With Examples | CCK Law Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. Remember this one thing: Your claim is not nearly as important to them as it is to you. Thank you. Send a letter and be short, concise in what the problem is and why you need help. 02. The only shrink that did ask about it was the one that did my C&P but he was required to. Google the below citation and you will find a claim that was approved for Parkinson (Agent Orange) for a veteran that was stationed at Don Maung Bangkok. Whether you live in Las Cruces or Atlanta, there are a few steps you can take to ensure your tomato plants survive the heat and continue producing. I recall almost on a regular basis where it sounded as if he was choking in his sleep and gasping for air. I was a kid (like most of us) and what did I know about orders except to follow them. If you give up the system wins and that is exactly what they who run the system wants you to do. For some unknown reason, they were given a 15 day period to reply with a decision and id approved, a rating. It can also play a crucial role in firmly establishing service connection as well. I have the exact same problem . Their salaries range from $53,000 to $83,000 per year to turn us down. You may not get the answer you want, but you will at least know how far along you are in the process, if further development is needed, or if the case got resolved. Cir. If a person/organization does not plan on honoring its agreements and commitments, then why bother putting them in place in the first place?! Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. The only thing I know is the way I feel and the way they aggravate it. So, I did not benefits for about 2 years. The value accorded to other types oflayevidencedepends on such factors as. and apply it to my case. This time, Im assuming due to clerical error, they were sending all of my paperwork to the wrong address! 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. Your VA sleep apnea rating will determine how much you receive a month in VA disability compensation. Another claim maybe fairly simple, but carry a lot points weight wisethat is the one that I am going to work. *A medically untrained individual is not usuallycompetentto offer a medical opinion regarding the etiology of disorders and such an opinion is generally assigned little probative weight. There is a court of appeals to remedy cases where VA ignores the law, which VA does on a regular basis. It is on this day that I went into V-tach and almost died of Sudden Cardiac Arrest. Citation Nr: 1530215 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. Thanks for the information. 3.307 and (ii) present manifestations of the same chronic disease, or (b) when a chronic disease is not present during service, evidence of continuity of symptomatology. Use your firing from job as evidence- especially for any mental health issues ie: poor performance, agrressive etc.. The book includes a sample nexus letter from Dr. Finnerty for sleep apnea secondary to PTSD with extensive research citations. It is so true that the people sitting behind the desks and making these decisions about our livelihood do not have a clue. Also have them check the archives of medical records. Well also detail how to file a claim for the Recognizing and Addressing An Underrated Veteran Disability Military Sexual Trauma (MST) is sexual harassment and or sexual assault experienced by a military service member. The book includes commentary from Dr. Finnerty about the VA's proposed rule changes related to how sleep apnea is rated. Sleep disruption caused by obstructive sleep apnea can be exacerbated by chronic pain, medications, anxiety, and increasing weight. i cant sleep at night, i wait up sweating, having night mares, and out burst. Rather than trusting the VA to their own lack of duediligence I took action and wrote a thorough summary. In January 1983 I was diagnosed with bladder cancer, and of course could not continue my naval career. 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. I am filing for Adjustment Disorder and sleep apnea as secondary to Adjustment Disorder. 5107; 38 C.F.R. If your SLEEP APNEA claim is approved, you may receive up to $3,350.87 per month. I am thinking about filing a claim, I have been diagnosed by the VA, with PTSD! 2. Again, I filed for anxiety disorder and VA listed through my records seizures due to talking to my wife (lay person). 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. So the question again, how to prove service connection for sleep apnea secondary to either asthma/allergic rhinitis or sinusits short of going through another sleep study and a private doctors opinion. 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. Top 10 Questions About Military Sexual Trauma (MST). The y gave me a few asprin or what ever and said go back to your unit. Westley Thomas / USMC / Vietnam Veteran 1966-1968. Nexus Letters For Sleep Apnea. If you are having trouble obtaining service connection for PTSD or other conditions and you think a buddy statement from your wife or other friend or family member would help, you are welcome to contact us online or at 888.878.9350 to discussyourcase. Eight different sessionsview them all! 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 am now 100% and also the Post Service Officer with The American Legion Post 147 of Jasper Indiana. I need a sample nexus letter that a Dr. would provide . (You know, lead them by the hand, show them every little detail.) Here's Why Most Veterans are not proving Sleep Apnea is Service Connected. I hear it is one hell of a battle for survivors. The claims adjudicator also completely ignored all my treatments for sinusitis. Yes got it: The former Secretary of The VA!!!! As of this date (2/8/2011) I am still awaiting. He began drinking heavily7 or 8 beers a night before he turned to liquor. What was the specific reason for denial that the RO gave on the original letter? After that, I packed a bag and moved into my parents house until John agreed to get help. About six months ago, I was searching the Web where somehow I found a prepared Sworn Declaration Statement letter. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. my illness started when i would get upset, having aniexty attacks, sweating, shaking, because of going into battle dress of encountering missiles firing over my ship. Cir. We attempted to resuscitate her but were unsuccessful. 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. and i have to take 2 sleeping pills every night just to get some sleep with all the pain i am in. or try calling, Donald W. Priem, Jr. (SGM) About a year later the VA gave me 100% SC (but not P&T). A fellow servicemember competently testifies to hearing the veteran snore and choke in his sleep during service, but he cannot state that the Veteran has sleep apnea. Benjamin, thanks for the insight. defect, but an old injury, which now renders me unemployable. need a VA layer to represent me in a denial of disability claim 2012 ?/ help please Joseph.A.G. I, Joe Smith, hereby declare under penalty of perjury that the following is true and correct to the best of my knowledge: John Doe and I served together as combat engineers in the U.S. Marine Corps from August 1984 to August 1992. Any ideas. I have asked my VSO to file a letter of disagreement along with a second letter from my immunologist stating that I was not born with this disease but rather developed it in while in the military. Omb control no. 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. Hi worked as a computer faculty in before some time, now i want to salary compensation from That computer institute, in previous i took salary through cash. Now, although your wife statement may be credible, it doesn't carry much weight as does a nexus statement from tour doctor. We were trained from day one to DENY, DENY, DENY at any level possible. The 4 Parts of a Buddy Letter - Military Disability Made Easy The doctor indicated that it was likely that the Veteran first developed sleep apnea around 1970. I did the Notice of Disagreement and was turned down. 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 cant stress it enough do it as soon as possible, I have sleep apnea and i use a seep apnea machine every night for over a year now,and i applied for disability for sleep disorder and i was denied,i have recently reapplied for it,do you think that i will receive it now .Mary, I Serve ten year in the military I was diagnose with sleep anea but they say it not service Because you often didnt go to the doctor enough while you served on active duty, and thus, your service treatment records do not contain any evidence of a disability or condition. Whether you are using plastic or fabric containers, Earthboxes, or even old buttercream buckets, there are a few important things to consider before planting. Afterwards Click on C & P Exam on the thank you for letting me vent. Army Video Debunks Myths About Hiring Veterans, Big Data Insider Takes Over Board Of Veterans Appeals, VA Logic: 60 Percent Of The Time, It Works Every Time. We need a relief and a quicker and fasyter process to getting what we deserve a fair chance in dealing with our claims and grant an approval with evidence when poresented. It took Me over 8 years to finally get 20% service connected , but the thing is obama and the democrats are gonna take Our compensation and pensions and use the money to help the illegal aliens they are bringing in to food , homes , cars , etc . The same kind of logic would support a different percentage for sinusitis. I was married to XXXXX, a Navy veteran, in September 1994. Hi, my name is Chris Narcoman, over at the Veterans Law Blog, and if you watch today's video, I bet you have a lot of questions about getting a sleep apnea disability claim, listen, veterans ask me more questions . The only time it saved me from the body fat measurement was my thick neck of 17.5 inches. Any idea how to proceed? These personal statements can be from your spouse, friend, pastor, co-worker, boss, adult child, a fellow service member, or any other credible witness (18 years of age or older). I have done all of the work and an attorney would never have done what I have done. will there be a panacea the VA can reach for, or would VA be willing to try. 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. 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.! I am convinced I am to help other veterans and my case should be on FOX news. Was it verified? I need to talk about it and she needs to hear it. Williams redden. Difficult to get a rating for OSA years after active duty When I finally found some stability I tried giving it a second shot. This is absolutely amazing documentation. If you want to understand how to increase your disability or managed the process, check out my post to increase your disability compensation rating. A credible Medical Nexus Opinion from a private provider IN ADDITION to any lay evidence provided in support of your VA claim. That was in July 2010. This event took place in the US Army back in 1971. How to Support Your VA Claim with a Lay Statement - Woods and Woods Hang in there and hopefully, I will hear that you were successful. "Buddy letters" are lay statements provided in support of a veteran's claim for VA disability benefits. Stan download the va disability question are for respiratory ailments at va.gov website. He lived in the basement with the shades drawn day in and day out; I had to continue working to pay bills because John would not. I also believe that another way for the VA to cut the budget will be to re-examine and reduce existing approved claims, thus using valuable manpower to save a cent or two out of every dollar, when that manpower could be used on the fair handling of current pending claims and appeals. To that end, I usually try to have the latest copy of my records that I can get, just to use as a reference while writing my statement. If the evidence was there before it came final, and I can prove this, I should be allowed to still go back and claim was is owed to me. Never about Iraq and my whole Army experience. to the U.S. Department of Veterans Affairs VA for disability. In his six months overseas, I received about three letters that together totaled less than a page. Between the VA and Veterans, accord will never exist. Take a look at the website above. Regardless of the official diagnosis, all are considered a serious medical condition. This compact, bushy plant produces bright red tomatoes that ripen early in the season. I have a compressed vertebra due to streptomycin given to me from TB I also had documented abnormalities even when I was active duty. According to the law, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. The author can use VA form 21-4138 but it is not required. It is so sick that when a claimant dies while waiting to get paid, that is a good case to workeasy points. I also filed and appealed my own claim. I received 90%. Contact those organizations also on your behalf. 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. Youll learn about the word game that is used preventing you from winning your claim. Fax: 336 714-0901 To update this-I finely got my claims corrected with much effort and the help of Sen.Levins office. I am also trying to put a VA Claim together for COPD. Spouse Nexus Letters - Eligibility - HadIt.com Veterans I had made a binder with copies of all information I had. I live as permanent resident in Ukraine and all past annual medical expense claims and the current unpaid claim are in Russian language. Before drafting your letter, be sure to look through your service medical records to get your dates right. I would also notice he seems to be almost tired in the morning, he feels irritable and would fell asleep sometime. I put in a claim for my left lung. My original claim was filed in 2005. Never, ever give up! Click to Read Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. 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. In short-it was a very bad situation for which if I talked well you get the picture. How to File a Claim on VA.gov (step-by-step)! I have sleep Apnea and report states most my family of 10 brothers and sisters have it when in fact none do. The VA knows that spouses, pastors, friends and neighbors are biased. He was also paranoid and reactive. The VA looks at your STRs the information is either there or not. I have been fighting the VA for PTSD while in combat in Vietnam for 42 years. Type text, add images, blackout confidential details, add comments, highlights and more. Sample Letter for Spouse Signature - US Legal Forms mode to head Tag nexus letter for sleep apnea Showing 1 1 of 1 Items With hundreds of chapters across the globe ASIS is. I would like to see the criteria for agent orange. I was not born with this. Family History is important- I once won a case for person who dad was a vet with pstd, daughter air force pstd, son arm bipolar, another some navy bipolar..raised the ratings. Both the Va and Sen.Levins office called me about this and said it was in the highest level. It requires several key components, This is where the spousal letter comes into play. He adored his niece and loved taking her fishing. Hello, Now why? My VSO was helpful to file the paperwork, but is quick to let me know I probably have no chance since the QTC doctor turned me down. 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. So I want to impart some of what I did- hopefully it would someone case here and On, "date if possible" I was with, "the veteran" while we were stationed on A congressman is great, but the senator is even better. Have the doctor do a test for everything you are complaining about. He is author of the guideVoc Rehab Survival Guide for Veterans and chief editor of DisabledVeterans.org. Edit your sample va nexus letter for sleep apnea online. This claim letter is a very good example of how to write one for my son, a Marine combat veteran. Any advice would be appreciated. But VA told that I do not get anything, nothing change. 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. PDF Sample Letter Requesting Documents From Lawyer Share with: Link: Copy link. 3) Sleep Apnea Nexus Letter. He pulled out a gun, and John shot him dead on the spot. We quickly ordered them to stop, but they didnt listen. Com DoD codes your DD Form 214, Block 26. the doctors have me on cyclobenzaprine for muscle spas. ), 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. What Makes a Good Buddy Statement? (Includes Example) In 2009, I was finally forced to face my sleeping problems. If not, did you have a verifiable stressor statement? VA court Sleep apnea now a rated disability Roswell Daily. Do you have any advice for me. VA doesnt recognize POAs in Pension land! A good man. I have no idea who to contact, the American Legion that I am involved, well they are all older and not sure they would know about this, maybe you can point me in the right direction thanks. Their main issue is that they cannot find where I was in country. The responsibility to prove a claim lies with the veteran and not them. Usually the service organization has an ongoing relationship with the VA Claims person who is working your file and they can either speak on your behalf or you can submit a letter or e-mail with your exact words and have your service organization submit it directly to the VA RO Winston-Salem. 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. 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 va had done x-rays and mris and the va apointed doctor stated that basically this guys back is beyond repair. After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. If you are considered service-connected, you will receive a VA disability rating for Sleep Apnea 0%, 30%, 50%, or 100%. Proven Tips #2: Evidence, Nexus Letters and VSO's
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