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How would be there ? I have been working as a VSO for 3 yrs and i came across various atrocities. 2009). Com DoD codes your DD Form 214, Block 26. He said they didnt want the extra documents and I would be wasting my and their time including it. The call is free and we won't charge you a single fee unless we win your case. 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 author can use VA form 21-4138 but it is not required. As a result, I agreed to move back home. The VA finally sent me to a QTC doctor who turned me down saying that I was born with this. 8 years worth. The responsibility to prove a claim lies with the veteran and not them. Anxiety, moderate depression and knee pain. Then the legislation is flawed and riddled with loopholes, a WWII hero with an amazing service record is denied because his income is slightly over the limit (he did the right thing by working and saving money); yet some dirtbag who sprained an ankle in basic training in 1995, who got separated and subsequently gets the HIV (how that is service connected is beyond me..my drill sergeant forced me to share needles or have unprotected sex?) Holding up your claim longer just to be denied. It can turn a devoted husband or wife into a spouse who's moody and distant, or even . He is no longer in the telephone business and avoids electrical contact, He left the phone company via buyout for that same reason, constant stress of this happening again. I have a buddy letter for my Adjustment Disorder, and currently trying to fix my Stressor. If you have problems sleeping go to the va and request a sleep apnea test! To be looked at as we should be. Awesome info. my claim is going on almost 2 years with a congressman backing me an nothing has happen. And overall disabilty stays the same, Im 80% disable and have been sine 1997. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! This claim letter is a very good example of how to write one for my son, a Marine combat veteran. LOL, this John B sounds like the same F**ktard spewing his hatred of veterans all over facebook. Im speaking from my heart because I been there and done that. examinations for the VA. Who was leading the VA prior to the current Secretary I have fought since 1979 for a VA Disability Rating. Go to the website at http://www.vqlan.org Then in the spouses own words, talk about the change noticed in the veteran. Call your VA counterpart and ask about your claim at least once a month. This form is a sample letter in Word format covering the subject matter of the title of the form. 3. Would appreciate any advice you can give. The worst part is the QTC doctor I was sent to is an orthopedic/spinal doctor. Any help will be greatly appreciated. RELATED: Veteran Shocked By Disability Rating Reduction 70 To 0 Percent. Well to end this rant just let me say that my hope is for vets to unite and be heard because this is getting rediculous and obviously has gone on for to long. They told him in January how much he would be receiving and he had to tile a complaint just to get the denial letter he received. 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. Contact Us Now (888) 883-2483 . I am thinking about filing a claim, I have been diagnosed by the VA, with PTSD! While all of this information supports my position, the va does not accept BVA cases as precidence, nor do they accept scholarly articles from the internet as a basis for awarding any service connected condition, but the VA will remand a case back to the regional office to conduct a c/p exam based on such articles submitted with a claim. Look up Woods and Woods Legal Group on the internet, they are pretty good. 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. Email: [hidden email], National Organization of Veterans Advocates. SSA.GOV have a form that doctors could fill out for back injuries, very specific and a rating of prognosis. 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. When I finally found some stability I tried giving it a second shot. The VA-certified disability benefits lawyers at Woods and Woods have helped thousands of veterans. Then in the spouses own words, talk about the change noticed in the veteran. If I were to hire an attorney, he would get his normal retroactive fee. I wrote another notice of disagreement because my IBS problem was effecting me in asspects of my life, job, chruch and even travling and sometimes being late. In 1986, I thought COPD and asthma were one of the same, how ignorant I was. Is anyone aware of a manner to not get into that long grind? 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. I appreciate any help anyone may have. Doc, said I have PTSD and Major Depressive Disorder, but no paperwork exists saying that these patrols I went on ever actually happened. 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. Sign it in a few clicks. withdraw his sleep apnea claim was a misrepresentation of the veteran's wishes, R. at 1454, 1456-57. Whether you are using plastic or fabric containers, Earthboxes, or even old buttercream buckets, there are a few important things to consider before planting. 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. After that, I packed a bag and moved into my parents house until John agreed to get help. 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 ve been chaptered (61) out from the US Army on 2009 with 82% SC disability from the MEB/PEB. then i filed for va comp. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Well, things got rolling with my new advocate and talking with someone at the Regional Office, I ended up getting 70%, because in 2005 I should of received 50% and then 70%, so of course I received a good amount of back pay. The code on your DD Form 214 might be alerting your potential employers That tells them you are actively engaged in getting it processed. He was a comtech(telephone installation)While working on a telephone line, he was electrocuted. Anyone with any knowledge about breathing issues knows that these conditions overlap to some degree But the sleep specialist at Lackland tells me that none of my medical issues contributed to my sleep apnea so my question is.. ( short of going to a private doctor) how do I prove that my sleep apnea is secondary to my allergic rhinitis/sinusitis, and lung conditions. Then I served in Air Force Reserves from 1985 to 1990. I completely agree with Rory R Jones, I am a 31 year retired Air Force Chief Master Sergeant. Its very discouring to see that applications are routinely denied and delayed, sometimes until the time that the applicant is deceased. They had over two months to get them there and failed an easy task. I did the DeNovo and was turned down. If your SLEEP APNEA claim is approved, you may receive up to $3,350.87 per month. It seems that family letters are used by the VA for or against the vet. i was diagnosed with having seziures likes activities on active duty and discharged with only 10% rating for my disabilities. Using a highlighter to highlight relevant diagnosis and injuries in my MIL med records seemed to work great. His letters were lengthy, lighthearted, and reflective of the man Id always known. Lay evidence is one type of evidence that must be considered, and that competent lay evidence can be sufficient in and of itself. 01. Tune into CCK LIVE as we provide help. 100 North Main St. The rep told me not to include any of my prepared documents. I hope this help a case * I meant to say that.. Click on the above link to get a copy of that letter. 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. I cannot receive much needed help as these people expect cash at the moment of service. They said they needed more info from my regional office in Reno and that they had not investiagted my claim enough. After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. Hello fellow vets, First time posting and I had been denied by the VA since 2006 for reason the sleep apnea is not service connected. #2. Finally received their ruling two weeks ago. This can establish a life impact for a veteran. A real eye opener I will use it in the future! A credible Medical Nexus Opinion from a private provider IN ADDITION to any lay evidence provided in support of your VA claim. 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. Who is OTC? Also he is a Gulf War Vet so atleast I knew he could some how relate. Below are the samples VA nexus letters for sleep apnea. The doctor ordered a sleep study and he was granted to use a CPAP device. These letters can describe the nature of a veterans observable symptomsincluding their onset, frequency, duration, and the extent to which they affect or interfere with the veterans lifeas well as the events that may have precipitated the disability at issue. He explained that the veteran contacted VA in April 2010 to withdraw the sleep apnea claim from DRO review so he could proceed to a Board hearing, not to withdraw his sleep apnea claim entirely. What about other veterans who do not pull their records. My doctor put in report that I complained she never answers my letters and that she does when in fact I have 19 unanswered letters and all these type things destroy your credibility and mine is very important to me. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. If your issue on service in Vietnam has not been resolved as of this date-let me give you a bit of advice/help. He recently agreed to attend group therapy sessions at our local VA, and it seems to help him recognize that he needs help. Before we deployed, John was always cracking jokes and writing his wife. I also had documented abnormalities even when I was active duty. It was determined that I had sleep apnea, and the va did in fact provide me a CPAP. 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 non-combat Veteranslaystatements may be acceptable for establishing service incurrence or aggravation but must be weighed against otherevidencein the claims folder including the absence of military records documenting or supporting the statements. 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. Its genuinely very complex in this full of activity life to listen news on TV, thus I only use world wide web for that reason, and get the latest information. Thank you for any help that you can give me. Im not ready to give up yet. 3.102. I could probably get benefits for seizures, but itwould be illegal to claim and I do not need this stigma on my record. The letter must include a list of the qualifications of the doctor who is writing it. To update this-I finely got my claims corrected with much effort and the help of Sen.Levins office. NEVER GIVE UP!! Then guess what? I applied for service-connected disability for asthma. 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. Overview of appeals process Tip Sample appeals letter. The VA has someone with a security clearance who can research classified operations and verify veterans statements. This could be beneficial for the wife or spouse of a veteran who would like to write a VA buddy letter. 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 . Appreciate the site, and and ideas you have on this subject. I care about all young and old. 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. Writing Convincing VA Statements in Support of Claim. Journalist. 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). 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. 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. Sleep apnea secondary conditions have been a very hot topic as of late. When we request some types of evidence, claimants get 60 days to respond-other types of evidence we only give 30 days. Even if it does feel like a hot needle being moved back and forth. 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. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. How do I obtain a DBQ and a Medical Nexus Opinion? Your claim may be very complex, but carry few pointsso it goes to the back of my box. Examples Templates. 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. Far too many of the VA claims people act like the money is coming from their own pockets. #4567876. 4. Nothing is politically incorrect, in the eyes of the VA, if they choose. It is not uncommom for the veterans to pass before the case is final. A few years ago, prior to the PTSD diagnoses, I was diagnosed with mixed (central, and obstructive) sleep apnea. The VA would then followup via telecom. 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. @Joseph AnthonyHi Anthony Never, ever give up! I had made a binder with copies of all information I had. I serviced my Country faithfully during both Vietnam and the 1st Gulf war and should not be pushed aside. Welcome and Thx for your service to our great nation. Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Image that one! I got a rash within two years after I left Vietnam, While in Vietnam awoke with a blood stained pillow from my ear. We are gathering our resolve in order to attempt to file for his ptsd, which is awful. He would not return phone calls e-mails ext upon looking into this-I decided to enlist the help of Sen.Carl Levin from our great state of Michigan. I was not rated because according to Navy doctors, an MRI reports showed a spinal bifida occulta S1 defect (birth defect). I was knocked off a rope in the Marine Corps. military treating physician. I am having difficulty finding the wordage to use. A 100% rating yields $3332.06 per month. Things are still not the same between us, but I hope treatment will help him find the peace he needs to heal. 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. In general, a VA claim requires the following: She says in a nexus letter from sleep apnea occurs most appeal letter reasons local legion for. can anyone give me some points of what should i do next. In his six months overseas, I received about three letters that together totaled less than a page. and vicodin 10s every 4 hours for pain and also celexa 10mg for depression, but hey im employable lol. Definitely push the issue. There are several factors that lead to the onset of sleep apnea. (DO NOT OPEN IN MAIL ROOM) 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. It requires several key components, service connection, medical diagnosis, and some proof of life impact or how this disability affects you today. I live in Anderson, IN In this post, I provide veterans with a real VA lay statement example. I got my health benefits in 2006, but in 2008 they were taken away because someone did my advocate a favor. This is not the first time Ive heard this erroneous claim from a veteran service officer who is not educated in the law but instead shilling for the agency by spreading dysinfo myths. It helps the person/doctor/NP to find the relevant info faster for your claim. 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? We quickly ordered them to stop, but they didnt listen. Knowing where to start when filing your first disability compensation claim is daunting, and this quick article with my own sample will help ease your anxiety. Click to Read Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Any ideas. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Take a look at our HOME OF THE WORLDS LARGEST INFORMATION BANK! It was initially thought that Blane Horton was the breeder for Rebel Starfighter Prime but this has been proven incorrect. I put in a claim was denied any suggestions. A year or so later, John received a DUI and was forced to attend substance abuse meetings. It is evident, in most cases , the dependent survivors have to eat dirt. I filed a CUE claim on the asthma which was granted in 1988, with an initial rating to date of discharge of 10% and then a 30% rating from date of the approved CUE. Phone: 336 631-5457 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. I have done all of the work and an attorney would never have done what I have done. Sleep apnea (AP-ne-ah) is a common disorder in which you have one or more pauses in breathing, or shallow breaths while you sleep. A nexus letter is a letter simply states that your sleep apnea is as likely as not to have been caused by your service-connected PTSD, or another service-connected condition. 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. and i have to take 2 sleeping pills every night just to get some sleep with all the pain i am in. He was a happy guy, and I was glad to deploy with him. All forms provided by US Legal Forms, the nations leading legal forms publisher. I was told that nothing is owed to me that my disability for anxierty. I have done extensive research and found many articles that indicate that rhinitis often causes sleep apnea. In 2004 I was granted 10%. Someone must bleed the words, Not me, I am probably in the chicken coop . Did you know that sleep apnea, has been medically proven to be a secondary to. It requires several key components, This is where the spousal letter comes into play. I was honorably discharged from USMC for chronic back problems after a fall while in training. Thats the way they play the game. If you are considered service-connected, you will receive a VA disability rating for Sleep Apnea 0%, 30%, 50%, or 100%. Rory R Jones Most Veterans are not proving sleep apnea is service connected. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. 471 (1994). Talk to Us About Your Claim: (866) 232-5777. The Rep for whom failed to file what he told my wife and I he would do. 5107; 38 C.F.R. I did the Notice of Disagreement and was turned down. 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. Was it verified? In 2005 I filed for disability and was turned down. Keep fighting for it. The only shrink that did ask about it was the one that did my C&P but he was required to. God bless u. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 30 percent disability rating: $508.05 per month. Have you already filed an appeal? The tricky part is to do this without going on for so long that they get bored to death while reading your statement. On evidence. I think that claim denials will soon hit an all time high. need a VA layer to represent me in a denial of disability claim 2012 ?/ help please Joseph.A.G. One year for the whole claims process. The diagnosis of sleep apnea must be confirmed by a sleep. The only time it saved me from the body fat measurement was my thick neck of 17.5 inches. Went from 10 % to 60% and intend to appeal the items that they said were service connected at 0% plus add something else. A lot of what are now compensated conditions were not known when many veterans were in-service. just maybe one day those peoples working in the government will be in our shoes needing help to get whats rightfully theirs, then theyll see just what us as DISABLE VETERANS ARE GOING THROUGHI PRAY & HOPE ALL DISABLE VETERANS WILL BE ABLE TO RECEIVE COMPENSATION THAT ARE DUED TO THEM BEFORE WE ALL LEAVE THIS WORLD..DONT WORRY VETS, GOD SEES AND HEARS EVERYHING, HE WILL MAKE OUR ENEMIES OUR FOOTSTOOLS.SO LOOK OUT ALL OF YOU SO CALLED WORKERS FOR THE GOVERNMENT WHOS TRYING TO KEEP US FROM RECEIVING WHAT IS OWED TO US, GOD IS GOING TO WORK OUR PROBLEMS OUT FOR USWE ARE GOING TO WIN, BECAUSE GOD SAID WE ARE.KEEP THE FAITH DISABLE VETERANS.BE BLESS. I'm a board-certified sleep medicine physician. VA doesnt recognize POAs in Pension land! I had gone to the coaches and to no avail, they stated that the C&P evaluator has precedence over anyother info. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! and the icing on the cake, they chose to ignore a sworm letter by my. to the U.S. Department of Veterans Affairs VA for disability. 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.! See 38 C.F.R. Both the Va and Sen.Levins office called me about this and said it was in the highest level. If you are not familiar with secondary conditions. Never about Iraq and my whole Army experience. 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. By escalating a claim to Congressional, it ensures that management is tracking the claim and VA must respond in a reasonable time frameusually 7-12 days. 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. Click to Read Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Insomnia. letters and electronic mail. Provide every medical complaint to the ships doctor or on base..seek your own records. Also, does the VA automatically rule against genetic diseases? Today in Zaporozhye I cannot obtain medical assistance due to overdue satisfaction of my Jan. 19, 2011 for 2010 filed claim not paid into my USA bank. ANYONE OUT THERE KNOW HOW I COULD GET ON FOX? 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??? After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. These letters can describe the nature of a veteran's observable symptomsincluding their onset, frequency, duration, and the extent to which they affect or interfere with the veteran's lifeas well as the events that may have precipitated the disability at issue. Hang in there and hopefully, I will hear that you were successful. 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. I can give more details upon request. Anyone who writes a buddy letter should include their contact information, their name and signature, the full name of the veteran that the letter is for, and the date. [font=&]My name is XXXXX. He was in the hospital for roughly 3 weeks and then sent stateside for additional recoup. I always tell my clients; no VA disability claim has ever been denied because there was simply too much evidence! As my boy mind is clearing up I see other issues that will raise his ratings. No va claim will get approved without this link. He filed paperwork and has a 0% rating for two things but they denied 8 others. Listen to this blog by pressing the "Play" button below! He deserve to file a claim. Hello, I also explain how to use lay evidence to service connect your VA disability claim, even if youve already filed or been denied. so now i have to go through the apeal and no telling how long that will take. I have looked online for basic spouse buddy letter . One to two pages is ideal but not a hard and fast rule. Red Rocket is a determinate tomato variety that is well-suited to hot, muggy climates like those found south of Memphis. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. What was the specific reason for denial that the RO gave on the original letter? My x-ray yesterday explained why I was hurting so bad, one of the screws broke in half, so part of it is secured in my spine the other part is just floating around causing even more scar tissue. The VA claims it never was reported prior to my being released. Finally in 2007 service connection for sinusitis was granted. How does his opinion over rule a board certified immunologist? He started my process for me and also got back my VA benefits. This can establish a life impact for a veteran. 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. Went through my interview in which they failed to have my c-files on hand. We all work for our payxchecks but work for our veteran especially. It is so sick that when a claimant dies while waiting to get paid, that is a good case to workeasy points. I havent worked since and have difficulty sleeping amongst other things. He began throwing things and hiding under tables. When we returned home, John hardly kept in touch. I wrote up a free eBook for veterans to download that will help you get a copy of certain files that VA likes to hang on to like your health records, VocRehab records, and similar files that are more difficult to request. Mulching and Watering Thanks in advanced. A large percentage of denied VA disability claims are later overturned on appeal. This letter can be typed up on a word document, but it must be dated and signed by the spouse writing it. They screwed up the address again. We spent six months in Ira, surrounded by constant chaos. When John returned, he moved all his things out of our bedroom and into the basement. As I understand it, there are only a few places in the world that the VA is allowing presumptive service-connection for conditions resulting from Agent Orange. Presently I have obtained all the evidence I need to submit my claim. To have any and all claims looked at in an open and fair manner. or try calling, Donald W. Priem, Jr.