The signature serves as a certification that the information has been provided to the best of the persons knowledge and belief. Lay evidence simply means after the fact evidence and it must be competent and credible. We were trained from day one to DENY, DENY, DENY at any level possible. The threshold consideration is competence: the author of a buddy letter must be competent to discuss the subject matter discussed in the letter. Providing Training For Those Who Represent Americas Veterans and Their Dependents Since 1993. 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. Go talk to your senator/congress person. The VA is saying my COPD is unrelated to the fall. 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 could only prove to the VA(lost medical records, of course) that what occurred, did occur, be submitting my letters sent home to my mother and sisters, with copies of letters, with Vietnam(APO)postmarks and details consistent with servie in a wartime setting. They also had to clean the planes. if they provide any salary compensation letter. Knowing where to start . 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. Vietnam Veterans: Is Your Medical Condition on the Agent Orange Presumptive List? The spousal letter should have a flow to it. He stopped eating and the clothes that used to fit him hung loosely off his emaciated frame. I am also trying to put a VA Claim together for COPD. 725 Kenilworth Ave. Cherry Hill, NJ 08002 CALL : (856) 795-8880 EMAIL. Their salaries range from $53,000 to $83,000 per year to turn us down. Also, does the VA automatically rule against genetic diseases? Copyright 2023 VA Claims Insider, LLC. To whom it may concern. Be sure to get a copy of your file using the Freedom of Information Act request letter. While each VA buddy statement will be slightly different, here is a VA buddy letter example to consider. VQLANS HEADQUARTERS. Why? My husband was in the USAF from 1986-1990. during that time he was stationed in the Phillipines. They said they needed more info from my regional office in Reno and that they had not investiagted my claim enough. I would like to know if some one can advise me on how to proceed. He filed paperwork and has a 0% rating for two things but they denied 8 others. According to the law, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. Thanks again and Regards Learn why a VA Nexus Letter for PTSD can make the difference between winning and losing your VA Compensation claim. Stop being a jailhouse lawyer! 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. Iusuallysuggest that disabled veterans keep their disability claims summary to no more than 5 pages. Our country takes care of everybody and anybody but us the veteran. I and someone with legal status added up my percentage through Federal Code of Regulations 38 and came up with percentage of 86. VA Disability: $23k PTSD Medical Nexus Letter. SSA.GOV have a form that doctors could fill out for back injuries, very specific and a rating of prognosis. A personal statement you write on the VA Form 21-4138 documenting how you think your current non-combat Post Traumatic Stress Disorder is due to an in-service sexual assault and stressor event that occurred 20 years ago IS lay evidence. 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. So you tell Me what is a man to do to get the right benfits or the right records. If not, did you have a verifiable stressor statement? Top 10 Questions About Military Sexual Trauma (MST). 1. get as much medical evidence you can gather, even if you went to jail and medicine for it. I was released within three weeks after the incident. 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. In an August 2010 letter, the Veteran's private physician, Dr. A.G., affirmed the Veteran's diagnosis of obstructive sleep apnea and noted it was of a severe nature. When John returned, he moved all his things out of our bedroom and into the basement. Went through my interview in which they failed to have my c-files on hand. In his six months overseas, I received about three letters that together totaled less than a page. She didnt want it. and these disabilities ratings are affecting my CRSC Payments from the DFAS (the other MF) which is now at the 20% . I have been diagnosed by VA mental health and my doctor said I am unemployable. I also got copd and ulcer in feb and march of 2010 and was in the hospital twice. 251 North Main Street Thanks. App. I would also notice he seems to be almost tired in the morning, he feels irritable and would fell asleep sometime. I was a kid (like most of us) and what did I know about orders except to follow them. I served on the Enterprise and wanted to know what where some of her findings about the ship. Even though lay evidence can help you prove service connection, you still need competent medical evidence by a credentialed medical professional to help establish service connection. 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. Fmf so you. 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 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. It was initially thought that Blane Horton was the breeder for Rebel Starfighter Prime but this has been proven incorrect. Sleep apnea secondary conditions have been a very hot topic as of late. Daniel Lawson, Sfc US Army Retired. If you want to understand how to increase your disability or managed the process, check out my post to increase your disability compensation rating. I am filing for Adjustment Disorder and sleep apnea as secondary to Adjustment Disorder. My original claim was filed in 2005. 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. U>S Army 1971-74. Sample Sleep Apnea Nexus Letter needed.. theprimitivemind. I cannot receive much needed help as these people expect cash at the moment of service. I went through Ranger School but wasnt black ops, so you would think that patrols that I was on in Bosnia would be filed with my chain of command. For example, if your service records include a diagnosed . I took this and all my records to the DAV to get assistance filing. _____________________________________________________________, 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. Total Disability Individual Unemployability. Housedbound cases (Aid & Attendance) are the worst. 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. That tells them you are actively engaged in getting it processed. and vicodin 10s every 4 hours for pain and also celexa 10mg for depression, but hey im employable lol. Before drafting your letter, be sure to look through your service medical records to get your dates right. Good luck James and God bless. 2. So, the form was not filed. My snoring started in 1996 after my ankle surgery due to humps in the mountainous terrain in Camp Pendleton. I assume Bangkok is not one of these. I have also been diagnosed through an MRI of the brain with focal seizures. I wrote a bunch about each thing I claimed. Cir. (2) an in-service occurrence; and i had 0s all the way down the list on mobility. I would like to know where I can contact someone so I can show my respect for this man. Then guess what? I cannot performed the PRT since then due to various knee and back problems. I recall almost on a regular basis where it sounded as if he was choking in his sleep and gasping for air. Here is what I have done, I ask my VFW rep to provide me with a letter specifically what to state on her letter for my claim, he told me he would give IRON CLAD, evidence to win my case. Trust me your spouse will enjoy discussing how your snoring affects them! Your greatest fight after you serve is to fight to get what you deserve. In fact, this post was written based on that experience during my first year of law school. I did not do the Form 9 because my advocate retired, and he did not turn my file over to someone. I am in need of assistance. What ever that means. E-Mail: [emailprotected]. SD, Thank you Ben ! 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. In 1986, I thought COPD and asthma were one of the same, how ignorant I was. The diagnosis is a suspected genetic diesease that started with the symptoms while I was in the military. I was diagnose OSA two years after I got out in 2000 and prescribe with CPAP and have been using them since. This snoring had me to the point that I was going to ask him to move into the coach. If a person/organization does not plan on honoring its agreements and commitments, then why bother putting them in place in the first place?! Before asking a buddy to write on your behalf, be sure to think through the information you need them to provide to maximize the accuracy and effectiveness of their response. My own VA Psychiastrist says I am unemployable because of PTSD, and gave me the lowest score for disability which says on paper at the VA I suffer from severe PTSD, Hearing and Tintinitus plus vertigo which I receive 20% on. I am having difficulty finding the wordage to use. For that reason, I took it upon myself to ensure that they had the correct disability documentation the second time around. This is why its so important for veterans to obtain DBQs and Medical Nexus Letters. I started reevaluation in Dec 09. Please send me that sample letter I so desperately need. As a result, I agreed to move back home. Insomnia. The help that I received came from VETERANS QUALITY of LIFE ACCESS NETWORK INC., located in New York City, NY. I hope that the apeal wont take forever. 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. #34938Washington, D.C. 20090-6503, Phone: (888) 878-9350 Use your firing from job as evidence- especially for any mental health issues ie: poor performance, agrressive etc.. Additionally, if you need more information about what a letter for your support looks like, check out our additional resources here. I first filed back in 2008 and due to being homeless I missed one of the required appointments. Before John deployed, he was stationed at Camp Lejune and wrote me at least once a week. After his left ankle surgery in 1996, he was unable to regularly exercise and he gradually gains weight. By far the worst are from lawyers elder law specialists.they like to charge the poor claimant to do a POA, but guess what? To date I have not had a bit of contact from anyone. So that is my story. When determining whether to obtain a buddy letter, consider the specifics of your case and the information needed to substantiate it. It can also play a crucial role in firmly establishing service connection as well. QTC: There is more here than meets the eye folks. Have the doctor do a test for everything you are complaining about. 3. i am disheartened reading many of your stories.. All I can add to the conversation is that I am service connected 100%+ for multiple gunshot wounds and PTSD, The VA has been very good to me over the course of my life and I domt have many complaints outside of the times I have seen people who I thought were deserving of compensation and unable to recieve the benefits they earned, often times in blood.. Good Luck to all of you and God Bless. Youll be glad you did. Although we all have an advocate that Will stand in the gap for each and every one of us. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. The three main types are obstructive sleep apnea, central sleep apnea, and complex sleep apnea syndrome. A lot of what are now compensated conditions were not known when many veterans were in-service. can anyone give me some points of what should i do next. A long, rambling letter just obscures why you are writing. 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. We went through it and she wrote down some notes on the side of something. of The VA. Research: http://www.VA Watchdog.org. 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 Mind you I constantly have my private physician mail statements about my conditions which seems to be overlooked, lost intra office at the local VA or the VSO doesnt send the file with the new informationb. Lay evidence is one type of evidence that must be considered, and that competent lay evidence can be sufficient in and of itself. 2 if you are unable to find your form here you may want to visit. Many VA hospitals and clinics have in-house SOs from the DAV, state, etc to help guide you. I distinctly remember him snoring louder than anyone that Id ever heard in my life. I have filed for iu and my copd and sleep apnea are on appeal. The thought of the VA letting vets die before they decide a claim makes me want to punch whoever is in charge. They state that if I have an on-going chronic condition but havent been seen by a VA doctor about it, there is NO CHANCE it will be considered. 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. This is very depressing:-(. In 2009, I was finally forced to face my sleeping problems. I am now 100% and also the Post Service Officer with The American Legion Post 147 of Jasper Indiana. 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. . 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. For example, if the veteran suffered a traumatic event while in service, and then developed the symptoms of sleep apnea, ensure that is discussed in the spousal statement. Agent Orange Presumptive List In this guide, well explore the topic of Agent Orange and its long-lasting impact on millions of Vietnam veterans. I never attempted to file any claims all these years until Sept 7, 2011. I suffer from MST/PTSD, and medical issues. Edit your sample va nexus letter for sleep apnea online. You have to respond specifically to the reason for denial and, if possible, provide additional evidence to counter it. I wish I could sue for pain and suffering. Share with: Link: Copy link. Provide this to yourVSO or attorney to help begin the process, whether on appeal or filing a new claim or anywhere in between. When we returned home, John hardly kept in touch. Any ways if anyone wants any info. Estimate your 2023 VA Rating & Compensation for FREE! Any ideas. https://www.youtube.com/watch?v=ex-XxP23x38. A wife competently describes the onset of noticeable changes in her husbands behavior when he returns from a combat zone, but she cannot attribute those behavioral differences to combat or state he has PTSD unless she is medically qualified to do so or was present when the diagnosis was given. @Joseph AnthonyHi Anthony Have you found yourself waking up to your wife, telling you to roll over because of your incessant snoring? Most Veterans are not proving sleep apnea is service connected. Thanks a lot. According to the Mayo Clinic, primary symptoms of sleep apnea include: The VA considers sleep apnea a qualifying disability and rates veterans from 0%, 30% 50% and 100% after a medical diagnosis and service connection. OSA is a common denial veterans receive when Episodes where you do not breath when you are asleep. Please share any info you can so we all can get what we deserve. I have also put in several inquires and have not received a reponse. I average 2 appointments per week assisting fellow veterans. Appreciate the site, and and ideas you have on this subject. I was told by a military lawyer to keep fighting. Between the VA and Veterans, accord will never exist. ask for referrals to see other doctors if you need to. The letter must include a list of the qualifications of the doctor who is writing it. Ive since recieved 2 letters in the last 2weeks telling me they are working on my benifits. I hope that i dont offend you when i say your are God sent. This format was borrowed from a NOVA conference on VA disability compensation primarily for Veterans Law attorneys. This information is especially important if your service treatment records lack sufficient medical evidence of any in-service disability or condition. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Although my expertise is on the Pension side of the house, the one thing I can tell you is that it helps to do a congressional inquiry if VA is dragging ass/fucking up in general on your claim. I have been trying to find it for two months without success. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Another claim maybe fairly simple, but carry a lot points weight wisethat is the one that I am going to work. . Before enlisting, he was a happy person who enjoyed spending time with family and friends. In addition, all lay statements must be signed and dated to be considered by VA. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! I have the exact same problem . AMEN! 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. I was knocked off a rope in the Marine Corps. The Rep for whom failed to file what he told my wife and I he would do. According to M21-1, layevidence, or a VA lay statement example,is acceptable for the purpose of establishing service incurrence or aggravation, in the absence of Service Treatment Records (STRs), for a combat Veteran or FPOW, if the evidence. 1. Then medical records and personnel records sent to me from St Louis and VA were totaly incomplete. Thats the way they play the game. What was the specific reason for denial that the RO gave on the original letter? When my husband left the military in 2000 he was still snoring loudly until he went to the doctor to check his swollen uvula sometime in 2002. There are several factors that lead to the onset of sleep apnea. Again, I filed for anxiety disorder and VA listed through my records seizures due to talking to my wife (lay person). thank you for letting me vent. Fax if you can depending what phase of the claim you are in- your evidence often as possible, present it well. So I want to impart some of what I did- hopefully it would someone case here and . I waited until I had enough medical evidence. Sample letter for sleep apnea - disability benefits questionnaire. 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. Most of the time, the evaluating doctor will complete the NEXUS letter, however, sometimes the veteran must do it. The problem though is that RVSRs at the VA dont interpret this properly, and frankly, neither do the courts. i cant sleep at night, i wait up sweating, having night mares, and out burst. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! They were sent directly to the VA by the USAF in 1990. 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. I have a buddy letter for my Adjustment Disorder, and currently trying to fix my Stressor. A 50% rating yields $958.44 per month. A noticeable sign of obstructive sleep apnea is snoring. 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. 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. Proving service connection for these is very hard, because the doctors never diagnosed, or documented. 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. @mstaiadair 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. How to File a Claim on VA.gov (step-by-step)! 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. [font=&AMP]My name is XXXXX. 4. The author can use VA form 21-4138 but it is not required. I have diaphragmatic paralysis, which has lead to COPD and other ailments. Contacting us does . 3.159(a)(2); Click to Read Layno v. Brown, 6 Vet. I have been working as a VSO for 3 yrs and i came across various atrocities. Click on Trace Your Claim I am a retired Army veteran wh0 retired in 1986. Veteran Secret Codes on DD Form 214. E-Mail: [emailprotected] Then in the spouses own words, talk about the change noticed in the veteran. *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. At the appointment, the VAs ENT (ear, nose and throat) examiner told me the VA had conceded service-connection for the sinusitis before even beginning his exam. 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. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! You guys have senators in the states we dont have any here to support us locally or in congress, we live on an island. It doesnt matter what you say unless its a mental issue. Statements from a spouse are rarely effective. Is there a link for your amendments? 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.