Benjamin Krause is a lawyer, investigative reporter and award-winning veterans advocate. Since that night, Johns mood is unpredictable. Tell them whats wrong, how long you have been trying to get things done with the VA, and what you want. Before enlisting, he was a happy person who enjoyed spending time with family and friends. Share your form with others. One thing I found is my doctors never did Blood sugar tests on me in-service, My diabetes was diagnosed post discharge by the VA, but since I have diabetic family members, they said Non-service connected. Although we all have an advocate that Will stand in the gap for each and every one of us. www. MY STORY/CLAIM IS ACTUAL BUT DEFFERENT MEDICAL CONDITIONS AND DISORDERS IN SERVIVE AND DEPARTURES. #34938Washington, D.C. 20090-6503, Phone: (888) 878-9350 I immediately got POA Power of Attorney and began seeking treatment for him. I used a layperson statement in my own disability claim on numerous occasions and successfully fought VA on my own case before I became a lawyer. Agent Orange was standing in puddles so full, it could be splashed, by stepping in shallow puddles, no perk to the ground. Any help will be greatly appreciated. This information is especially important if your service treatment records lack sufficient medical evidence of any in-service disability or condition. I always tell my clients; no VA disability claim has ever been denied because there was simply too much evidence! My hunch is that they are not having success proving that the Agent Orange they were exposed to is the cause of the conditions they have now. I dont know about you but the times I get a rejection letter, I put it in my bible because I know It is already DONE. How do I know this to be true, because GOD said so. the va had done x-rays and mris and the va apointed doctor stated that basically this guys back is beyond repair. In 2010 I was granted 30% for my IBS. My medication co-payments equal my VA compensation. Stop being a jailhouse lawyer! It is on this day that I went into V-tach and almost died of Sudden Cardiac Arrest. Have you found yourself waking up to your wife, telling you to roll over because of your incessant snoring? During this time I had problems sleeping which continues to this day. Feel free to reach out to us. Any advice would be appreciated. Two decades have passed, In your letter, you point out many references to daytime somnolence but there is no mention of OSA being observed by health care professionals. If you give up the system wins and that is exactly what they who run the system wants you to do. 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. We all work for our payxchecks but work for our veteran especially. When I tried to question him, he became angry and yelled louder than Id ever heard him before. I try to strike my husband and call out his name to awaken him up. Even better, use his or her letterhead to write it. In this post, I provide veterans with a real VA lay statement example. Honestly, they are just "saying" it. If you are not familiar with secondary conditions. 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. Examples Templates. connected because it not documented in my record but I was granted 50% for my PTSD I, Know that theres a connection somewhere can anybody help me with this or give some advice, And if you need to do an appeal here is the link for the questionnaires you will need : Talk to Us About Your Claim: (866) 232-5777. Then medical records and personnel records sent to me from St Louis and VA were totaly incomplete. Unlike most areas of legal practice governed by strict rules concerning the elicitation and submission of witness testimony, VAs pro-claimant system requires it to consider relevant lay evidence provided by veterans and their acquaintances in much the same manner as it does medical evidence. Could you possibly e-mail me a good sample letter were my Dr. can fill in the necessary information. That is currently the max that the VA will pay veterans with SLEEP APNEA, if at the 100% rating . He adored his niece and loved taking her fishing. And it is a game to them. Good Luck, DT. It should clearly describe how he or she knows the veteran and for the length of time. Thank you. I work on this 24/7 due to righteousness and fair play. 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. 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. Justice and fairness is all we want. Veteran Secret Codes on DD Form 214. The VA is a large beaucratic system where it is easier to say No than to do anything else. If not, did you have a verifiable stressor statement? The VA finally sent me to a QTC doctor who turned me down saying that I was born with this. As a Veteran Coach with VA Claims Insider, I deal with dozens of clients who suspect they have sleep apnea. In addition, all lay statements must be signed and dated to be considered by VA. I have working with the VFW, however, they have had quite a bit of turnover, and the person helping me, more or less files the forms and really doesnt give me any guidance. It can turn an active person into someone who's afraid to leave the house. I will welcome any other suggestions you might have on my case. App. Hey my brothers our true salvation is waiting for us beyond this earth. First, it is important to choose the right type of planter and support system for your plants. 0 percent rating for asymptomatic sleep apnea with "documented sleep disorder breathing.". The way the VA is, Im guessing I will be needing legal counsel shortly. I filed immediately a (nasty) letter of disagreement and an appeal . hi my name is anthony brown and i served in the united states navy from 1987 to 1995 which the military has lost my medical records serveral times. One last important detail is the need to request a copy of your file. about private issueswho knows! https://www.youtube.com/watch?v=ex-XxP23x38. 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. In 1986 the va denied service connection for Asthma, and sinusitis. The signature serves as a certification that the information has been provided to the best of the persons knowledge and belief. Fax if you can depending what phase of the claim you are in- your evidence often as possible, present it well. Click to Read Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. It is evident, in most cases , the dependent survivors have to eat dirt. The VA knows that spouses, pastors, friends and neighbors are biased. Phone: 336-714-5955 He worked as a chef in a local restaurant, and cooking big meals was one of our favorite things to do together. Below is wife statement, please comment if it is good to go. Thank you for creating this website. I did not do the Form 9 because my advocate retired, and he did not turn my file over to someone. All forms provided by US Legal Forms, the nations leading legal forms publisher. Want to see a real VA lay statement example? It can also play a crucial role in firmly establishing service connection as well. My original claim was filed in 2005. A Buddy Letter written by someone you served with who can shed some light on how your shoulder separation occurred on active duty IS lay evidence. I have been searching for that sample letter and am having a difficult time finding it. Allison Hickey Final Love Note To VA Employees, Veteran Shocked By Disability Rating Reduction 70 To 0 Percent, Freedom of Information Act request letter, https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp. I am sickened, sad, and angry after reading these posts. To have any and all claims looked at in an open and fair manner. A Medical Nexus Letter from a private provider can help you prove the Nexus, which is that logical link to an in-service injury or event that led to your current disability or condition. 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. They also are not publicized much but its a sure thing going to one of them.. Greetings to brother and sister veterans. This form is a sample letter in Word format covering the subject matter of the title of the form. I would like to know where I can contact someone so I can show my respect for this man. Click HERE. 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. I suffered damage to my left eye, left lung. The doctor ordered a sleep study and he was granted to use a CPAP device. I was sent asap a form letter to sign to give him the permission he and his staff needed. You have to respond specifically to the reason for denial and, if possible, provide additional evidence to counter it. Their main issue is that they cannot find where I was in country. 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. KEEP GOING!!! Boy, our stories sound pretty much alike: The USA should be ashamed of the way they treat veterans in general, and the out-and-out lies the government puts out. I live in Anderson, IN Now why? 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. The code on your DD Form 214 might be alerting your potential employers 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. Then start the NOD. my claim is going on almost 2 years with a congressman backing me an nothing has happen. 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. You must keep on top of your claim all the time. The daughter of a Vietnam War veteran, Paige has had a lifelong respect for our nations veterans, inspiring her commitment to advocating for veterans worldwide. Im 30% for PTSD and trying to get a claim for my seizures, which really hasnt gone anywhere as of yet. I did it and i got my claim faster. Holding up your claim longer just to be denied. I recently submitted a claim for sleep apnea secondary to PTSD with the assistance of the Disabled American Veteran's org (DAV). Contact Us Now (888) 883-2483 . See 38 U.S.C.A. 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. We were trained from day one to DENY, DENY, DENY at any level possible. I serviced my Country faithfully during both Vietnam and the 1st Gulf war and should not be pushed aside. The VA claimed I had only seen a doctor 1 time for allergies. My fellow veteran employees are all really dissatisfied, I really want to publish a whistleblower book or something, because this way of doing things is evil. Things are still not the same between us, but I hope treatment will help him find the peace he needs to heal. 3 posts Sample Sleep Apnea Nexus Letter needed.. I would also notice he seems to be almost tired in the morning, he feels irritable and would fell asleep sometime. 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. 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. Rory R Jones Most Veterans are not proving sleep apnea is service connected. I have the same deal basically. However, he went back to sleep and the pattern started new. 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. Providing Training For Those Who Represent Americas Veterans and Their Dependents Since 1993. I am an OIF vet too and I was until recently working as a VSR (claims processor) in Pension. Here is just one of them. Unfortunately, the truth is VA works ardously to help vets, but the the C&P evaluators are the ONES who run the show. The responsibility to prove a claim lies with the veteran and not them. Later, I completed a tour in Thailand, then another tour in South Vietnam. Tell me why. Post Apr 17, 2011 #1 2011-04-17T05:25. If youve heard anything about the VA Claim process before, you know that youll need outside evidence to get what you deserve for your VA claim. The spousal letter should have a flow to it. Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime. I contacted my state Senator whos office sent a letter to the VA asking about it only to have the VA send an explanation letter and that was it, I already knew that but I wanted to know why. Should I apply for Sleep Apnea on its own or is this way good enough? 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. Here is a sample of the first two pages of my application for disability compensation to the Dept of Veterans Affairs. According to the recent VA disability rate benefit adjustment of December 1, 2021, Veterans with sleep apnea connected to tinnitus could receive benefits at the following rates: A 30% rating yields $467.39 per month. Its unfortunate that most of you have gone thru the HELL of VA. Ensure That The Buddy Letter Is From Someone Credible And Competent. OTC performs 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. A 50% rating yields $958.44 per month. I hope you are going for SSI / SSDI benefits as well, even their approval will help your case..send in every emergency room visit..if possible prove nobody in your family has the same proble with their permission and medical exam..prove severity 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. 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. Va for sleep apnea in the main symptoms have forged their disability to promote one. Image that one! Maybe you can help me out. It will change your life. Both the Va and Sen.Levins office called me about this and said it was in the highest level. 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. See 38 C.F.R. Then I served in Air Force Reserves from 1985 to 1990. If one does not have PTS going in, they will have it when finished with VA processing and what about the spouse who endures it also. 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. Fmf so you. 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. There is a court of appeals to remedy cases where VA ignores the law, which VA does on a regular basis. I have sleep Apnea and report states most my family of 10 brothers and sisters have it when in fact none do. 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 any regards youre providing a great service. Veterans Affairs Compensation for Sleep Apnea; VA Rating for Traumatic Brain Injury (TBI) Camp Lejeune Water Contamination . 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 was almost died Jan 4 2010 with a double anuresym of my aorta one part was repaired with a stint and the other has not been repaired as of yet. 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. It doesnt matter what you say unless its a mental issue. I also explain how to use lay evidence to service connect your VA disability claim, even if youve already filed or been denied. Sample invitation letter for Australia Visa ? Another claim maybe fairly simple, but carry a lot points weight wisethat is the one that I am going to work. Anxiety, moderate depression and knee pain. Walker v. Shinseki, 708 F.3d 1331 (Fed. Their salaries range from $53,000 to $83,000 per year to turn us down. Our country takes care of everybody and anybody but us the veteran. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. They say that they reviewed my claim and did not review my military Medical files, because no-one knows where they are. Benjamin, thanks for the insight. of The VA. Research: http://www.VA Watchdog.org. Founder of DisabledVeterans.org, a VA watchdog news source that holds the Dept. 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. left side of the screenthere it is folks!! It is so sick that when a claimant dies while waiting to get paid, that is a good case to workeasy points. My summary letter was 5 pages. Is there anything that can be done to prove an injury was service connected. A Disability Benefit Questionnaire (DBQ) can help you prove your medical diagnosis and your current symptoms of the disability or condition. What about other veterans who do not pull their records. The fruit typically ranges from 8 to 10 ounces and is smooth with no blemishes or cracks. 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. Trust me your spouse will enjoy discussing how your snoring affects them! This quick disability claim letter to VA Comp & Pension from my own claim for sinusitis, sleep apnea and allergic rhinitis should help get your claim going. From 2013-2014, the VA and BVA denied VA benefits for sleep apnea in 76% of the appeals. 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. Thousands of other Veterans in our Community are here for you. So you tell Me what is a man to do to get the right benfits or the right records. 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? Do you think I have a chance of getting a good rating? Instead, it sounds like you are spreading the dysinfo many regional offices put out there to discourage veterans. Send a letter and be short, concise in what the problem is and why you need help. One to two pages is ideal but not a hard and fast rule. I am filing for Adjustment Disorder and sleep apnea as secondary to Adjustment Disorder. . I wish I could sue for pain and suffering. I am trying now to go back to the 2005 claim, but they are telling me because of the Form 9 was not done, the claim is dead in the water. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 100 North Main St. Does it mean anything to the VA that I was medically discharged from the Reserves and in those discharge papers make reference to active duty medical records for the same heart problem? Additionally, watering daily with s, This website uses cookies for functionality, analytics and advertising purposes as described in our. 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. Click to Read Gilbert v. Derwinski, 1 Vet. Remember this one thing: Your claim is not nearly as important to them as it is to you. Thats all I got to say about that! If you need some help to win, service connect, and get your VA claim rated at the appropriate level under the law, join VA Claims Insider Elite now. Sign it in a few clicks. 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. Some are slam dunks and I can generate the claimants award within 30 minutes of reviewing the folder; for othersamateur night, you can tell. Russell ONeal: I was told that nothing is owed to me that my disability for anxierty. 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. My Brother, My heart goes out to you, as for myself, this is my third (3rd.) I was diagnose OSA two years after I got out in 2000 and prescribe with CPAP and have been using them since. Went from 10 % to 60% and intend to appeal the items that they said were service connected at 0% plus add something else. On, "date if possible" I was with, "the veteran" while we were stationed on The easiest way to do this is by obtaining a nexus letter. According to the VA C & P experts, I was never there, if I was then Im making too big of a deal of it and deserve no compensation because it wasnt a designated Combat Zone. I think that claim denials will soon hit an all time high. THE NEXUS LETTER - VETERANS INFORMATION http //veteransinfo. Overview of appeals process Tip Sample appeals letter. If a veteran has persistent difficulty initiating and maintaining sleep or is unable to fall back asleep after waking up, they may qualify for disability compensation for insomnia. Please help me ASAP. (1) a current diagnosis; For example, VA will not consider a layperson statement where the veteran opines about a medical diagnosis such as saying, I have TBI. VA is required to consider descriptions of pain, congestion, trouble breathing, etc. I dont know what the outcome will be nor do I have my hopes up. 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. Just about every Vet from my time at the VA hospital in Ann Arbor Mi feel the same way. I have been working as a VSO for 3 yrs and i came across various atrocities. To be looked at as we should be. 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. We are the disability experts. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Sleep apnea secondary conditions have been a very hot topic as of late. Heck no-I would just have to wait months for the next one. Even if it does feel like a hot needle being moved back and forth. 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??? I cannot performed the PRT since then due to various knee and back problems. Youll learn about the Forgotton ones and how the veterans have been screwed by the system. Most of the time, the evaluating doctor will complete the NEXUS letter, however, sometimes the veteran must do it. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. each other. 3. It is not uncommom for the veterans to pass before the case is final. I have a buddy letter for my Adjustment Disorder, and currently trying to fix my Stressor. [font=&AMP]My name is XXXXX. 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). 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. Between the VA and Veterans, accord will never exist. #2. When we request some types of evidence, claimants get 60 days to respond-other types of evidence we only give 30 days. 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 . Contacting us does . Definitely push the issue. 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. 4. Since PTSD often manifests many years after a traumatic event, spouses may be a more reliable lay witness than former servicemembers in situations where VA has already conceded the in-service stressor, as the spouse can more accurately testify about the veterans symptoms over time and their impact on his daily life. When it comes to sleep apnea, there are several types that you can qualify under. I and someone with legal status added up my percentage through Federal Code of Regulations 38 and came up with percentage of 86. [font=&]My name is XXXXX. I need a sample nexus letter that a Dr. would provide . I have about given up, but my local VSO has assured me he is with me all the way. Estimate your 2023 VA Rating & Compensation for FREE! I was knocked off a rope in the Marine Corps. I took this and all my records to the DAV to get assistance filing. to this date, i have lost my wife and kids from dealing with my siutation that the military discharged me with no help. How many Vets take the time to do this? Hang in there and hopefully, I will hear that you were successful. Now the VA after turning me down for PTSD because I cannot give them names I again am fighting the system. RELATED: Veteran Shocked By Disability Rating Reduction 70 To 0 Percent. This could be a coworker who saw how the veterans disability affected his job performance; a family member who noticed behavioral differences in the veteran after he returned from service; or a fellow servicemember who witnessed, heard, or smelled a specific incident that the veteran experienced while on active duty. This is not to say that VA regards buddy letters and buddy statements from a wife and medical evidence equally, but the information provided in a buddy letter can shape the medical evidence used to decide the claim, including providing the foundation upon which a medical opinion is based. Service connection for PTSD requires credible evidence of an in-service stressor, so a buddy letter used to corroborate that stressor should discuss when and where it occurred, unit and location assigned, and the nature and onset of any observable symptoms the veteran developed in its aftermath.