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» American Gulfwar Veterans Association » Veterans Issues » Gulf War Illness » Sleep Apnea Roll Call - Continued (Page 2)

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Author Topic: Sleep Apnea Roll Call - Continued
endure
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Any sleep disturbance, if you were in theater is presumptive. If you need a C-pap, I have also heard it is a 50%.
What we have discussed in other areas of this site are that some states are faster, and rate more accurately.
I am OIF 2003, and have the same cluster of symptoms as many other GWI vets.
So far I have been rated 40% for Fibro.
I do also have CFS and IBS. (and the unrelated symptom of nerve pain) My service representative is going to ask the VA to "reconsider" based on the fact that I do have enough symptoms to fill all the criteria for all the above illnesses, and have been diagnosed on the civilain side as such. We need to insure they recognize ALL the different diagnoses.
I have a sleep study scheduled for early Nov.
Good Luck, but sorry to hear of your discomfort Brent and Redmaxx.

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Ron Purvis
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quote:
Originally posted by Gale:

Department of Veterans Affairs
"Presumptive" Disability Benefits for Certain Groups of Veterans
What is "Presumptive" Service Connection?
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.
What Conditions are "Presumed" to be Caused by Military Service?
Veterans in the groups identified below: Entitlement to disability compensation may be presumed under the circumstances described and for the conditions listed.

Veterans within one year of release from active duty: Individuals diagnosed with chronic diseases (such as arthritis, diabetes, or hypertension) are encouraged to apply for disability compensation.

Veterans deployed to the Southwest Asia Theater of Operations from August 2, 1990. to July 31. 1991: Individuals diagnosed with amyotrophic lateral sclerosis (ALS)/Lou Gehrig's disease are encouraged to apply for disability compensation.

Gulf War Veterans (Undiagnosed Illness)

Served in the Southwest Asia Theater of Operations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as:
• chronic fatigue syndrome
• fibromyalgia
• irritable bowel syndrome
• any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection
Signs or symptoms of an undiagnosed illness include: fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, Gl symptoms, cardiovascular symptoms, weight loss, menstrual disorders

When I applied for sleeping problems they just lumped in under major depressive disorder instead and denied it. This is even though I had not applied for depression and they had already issued me a CPAP machine without giving a diagnosis of sleep apnea. They also had done tests that showed that I had reduced lung function without coming to a diagnosis. That was 7 years ago.

I saw the post in the other thread that said that if you are issued a CPAP machine that it is an automatic 50%. Is this true? I don't think that I would go back and fight over the issue since I am already over 100%, but it would be helpfull to others. If anyone has a link with the schedule that shows this rating, I would appreciate it.

I am currently rated as a 100% Permanent and Total Disabled Gulf War Veteran with the following ratings. Tinnitus 10%, Osteomalacia 0%
Irritable Colon 30%, Osteomalacia 10%, Major Depressive Disorder (PTSD) 30%, and Loss of Use of Both Feet 100%. Still to be decided Seizures and Diabetes by the BOVA. If the seizure disorder is approved it should be at least rated as 40%. If they approve the diabetes, they should give at least 40% for that as well.

Based on that I don't know if it is worthwhile to worry about the sleep apnea issue. Would anyone else file for it under my condition?

[ October 29, 2007, 12:33 AM: Message edited by: Ron Purvis ]

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Ron Purvis
100% P&T Gulf War Vet

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Gale
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Ron, here's the policy on how sleep apnea is rated with use of a CPAP machine. --Gale

http://www.gulfwarvets.com/ubb/ultimatebb.php?ubb=get_topic;f=14;t=000120)

This will tell you the conditions you should be evaluated for, the tests that the VA is authorized to perform. Regarding sleep apnea, here is what that publication has on it:

"4. The physician should be aware of the variety of exposures endemic to the GW area. These
are listed in Appendix C. There has been a wide distribution of major categories of diagnosis
reported by VA EH Clinicians; however, no significant variation in occurrence of major
categories of medical problems has been identified. We are listing below (for informational
purposes) some of the health problems and/or diseases that should be considered:
VHA HANDBOOK 1303.2 March 7, 2005
APPENDIX B
B-2
NOTE: Recommended coding (refer to International Classification of Diseases, Current
Edition)
Complaints Symptom Code Diagnosis Diagnostic Code
(If confirmed)
(1) Other Symptoms involving:
Nervous and Musculoskeletal
Systems for Pain in the joint 78199 Arthralgia 71940-71949
(2) Malaise and Fatigue 78079 Chronic Fatigue Syndrome 78071
Fibromyalgia 7291
(3) Insomnia with sleep apnea 78051 Sleep Apnea 99001
or 78053
DIAGNOSIS
(1) Amebiasis
(2) Apnea, sleep"

------------------------------------------------

And this shows how sleep apnea is rated.
Excerpt from:
http://www.warms.vba.va.gov/Regs/38CFR/BOOKC/PART4/S4_97.DOC

6846 Sarcoidosis:

Cor pulmonale, or; cardiac involvement with congestive heart failure,
or; progressive pulmonary disease with fever, night sweats, and
weight loss despite treatment 100
Pulmonary involvement requiring systemic high dose (therapeutic)
corticosteroids for control 60
Pulmonary involvement with persistent symptoms requiring chronic
low dose (maintenance) or intermittent corticosteroids 30
Chronic hilar adenopathy or stable lung infiltrates without symptoms
or physiologic impairment 0

Or rate active disease or residuals as chronic bronchitis (DC 6600) and extra-
pulmonary involvement under specific body system involved

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention or cor
pulmonale, or; requires tracheostomy 100
Requires use of breathing assistance device such as continuous
airway pressure (CPAP) machine 50

Persistent day-time hypersomnolence 30
Asymptomatic but with documented sleep disorder breathing 0

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HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS

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Ron Purvis
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Thanks Gale. I appreciate your help.

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Ron Purvis
100% P&T Gulf War Vet

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Brent
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Be patient.....Easier said than done, trust me I know. I have heard and talked to vets that do have it service-connected at 50% because of the C-PAP, if you get denied you may want to consider an attorney--I have.

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FREEDOM never has been and never will be .....FREE!!

Posts: 61 | From: Ky, Wv | Registered: May 2006  |  IP: Logged | Report this post to a Moderator
Brent
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I am looking for other GW vets who have sleep apnea but have had it denied because supposedly "there is no relationship of sleep apnea to service-connected PTSD" or vets who have had it linked and were therefore granted.

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FREEDOM never has been and never will be .....FREE!!

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sea52501
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I was rated at 50% for OSA just a few months ago. I went to a civillian neurologist, had two civillian sleep studies and was diagnosed a CPAP before I filed my claim. I also had a buddy statement from a shipmate who slept in the same berthing area, and helped bring me home from the hospital after nasal surgery which I had to help with (what I thought were unrelated) breathing issues at the time.
Bottom line ~ when my C&P exam came up in June of this year, the VA Dr. read the evidence from my civillian Dr. and the buddy statement and went right along with what the papers told him ... no questions asked and all of 20 minutes to the exam. I had my award letter a month later and have since had the VA replace my rented cpap machine with one of theirs.
I don't know if that helps, but that was my experience.

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plowboy
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I FEEL LIKE I'M BEATING A DEAD HORSE BUT CAN SOMEONE SHOW ME WHERE IN AN OFFICIAL PAPER FROM THE VA THAT IT SAYS THAT SLEEP APNEA IS PRESUMPTIVE, BOTH THE VSO'S HERE LOCALLY SAY THAT AFTER THE FIRST YEAR THAT YOU ARE OUT YOU ARE SOL. JUST BEEN DIAGNOSED WITH IT AND DON'T SEE HOW I CAN AFFORD THE EQUIPMENT.
SHANE

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SHANE

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sea52501
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This is from the library of useful links ... I hope it helps:

d. Provisions of 38 CFR 3.317 38 CFR 3.317, which implements 38 U.S.C. 1117, defines GW service and “qualifying chronic disability,” and provides

• a broad, but non-exclusive, list of signs and symptoms which may be representative of undiagnosed or chronic, multi-symptom illnesses for which compensation may be paid, and
• the presumptive period for service connection.

e. Definition: GW Veteran A GW veteran, under 38 CFR 3.317, is a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the GW.

Per 38 U.S.C. 101(33), the GW extends from August 2, 1990, through a date yet to be determined by law or Presidential proclamation.
Continued on next page

13. General Information on Certain Disabilities Associated With GW Service, Continued

f. Definition: Southwest Asia Theater of Operations The Southwest Asia theater of operations includes the following locations and the airspace above them:

• Iraq
• Kuwait
• Saudi Arabia
• the neutral zone between Iraq and Saudi Arabia
• United Arab Emirates
• Bahrain
• Qatar
• Oman
• the Gulf of Aden
• the Gulf of Oman
• the Persian Gulf
• the Arabian Sea, and
• the Red Sea.

g. Presumptive Period for Service Connection 38 CFR 3.317 establishes the presumptive period as beginning on the date following last performance of active military, naval, or air service in the Southwest Asia theater of operations during the GW.

This period extends through December 31, 2006.

h. Definition: Qualifying Chronic Disability Qualifying chronic disability, under 38 CFR 3.317, means a chronic disability resulting from any of the following or any combination of the following:

• an undiagnosed illness
• a medically unexplained chronic multi-symptom illness, such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome, that is defined by a cluster of signs or symptoms, and/or
• any diagnosed illness that is determined by VA regulation to warrant a presumption of service connection.

Reference: For more information on the requirement that disabilities be chronic in nature, see M21-1MR, Part IV, Subpart ii, 2.D.13.j.
Continued on next page

13. General Information on Certain Disabilities Associated With GW Service, Continued

i. Qualifying Disabilities 38 CFR 3.317 specifies the following 13 categories of signs or symptoms that may represent a qualifying chronic disability:

• abnormal weight loss
• cardiovascular signs or symptoms
• fatigue
• gastrointestinal signs or symptoms
• headache
• joint pain
• menstrual disorders
• muscle pain
• neurologic signs or symptoms
• neuropsychological signs or symptoms
• signs or symptoms involving the skin
• signs or symptoms involving the upper and lower respiratory system, and
• sleep disturbances.

Notes:
• The list of 13 illness categories is not exclusive.
• Signs or symptoms not represented by one of the listed categories may also qualify for consideration under 38 CFR 3.317.
• A disability that is affirmatively shown to have resulted from a cause other than GW service may not be compensated under 38 CFR 3.317.

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cyberhobo
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Sleep disorder 'damages brain'

Breaking discovery by advanced socialized European medicine:

http://news.bbc.co.uk/2/hi/health/3077954.stm

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"Give me enough medals, and I'll win any war." - Napoleon

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mmgocart
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I dont like reading that so many vets are having health issues, but it is comforting to know that we are not alone and that it is not a mental issue. ( we got told that yesterday)

My husband is veteran of Desert Storm. He didnt serve in Saudia but on an island a few hundred miles away. He still has all the classic GWS symtoms and sleep my goodness. He basically functions on no sleep. Sleep is one of many issues going on with him right now.

He is going through a battery of test, none invasive and working at the same time. He is currently working with a civilian doctor. My question is ...do we need to switch to the VA. If he is diagnosed with whatever .how do we go about getting VA to help with the cost of treatments? How do we prove that it is Gulf War related?

As you can tell, we dont have a clue where to start, but if VA can/will help, we certainly want to take advantage of that. Also, if he is diagnosed and VA helps does that mean he will have to quit his current job?

Will check back later...my hate is off to all...and I mean all. The veterans who have went through the war literally and now fight yet another war, and also to their families. The hardest thing in the world is to watch someone suffer on any level and know that you yourself cant fix it and that it could on some levels have been prevented.

God bless ..

Janice ...wife to Michael USMC veteran

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mmgocart

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mmgocart
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in my post the word hate would be hat...i do apologize to all ...i would never use that word ....

i respect you all ...we have just started this road ...so excuse me if I am a little off ..

again ..my apologies to all

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mmgocart

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endure
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Welcome, mmgocart.
Because so many newer Veterans from the Gulf are coming home sick - this is a good time to head to the VA and join the band wagon so to speak.

Please refer to the presumptive list on this thread, scroll up,

1. Have your husband tell his doctor he believes some of his health issues are a result of his service. Insure the Doctor annotates this in the record. Tell the Doctor your husband will be pursuing this with the VA, but that the VA will be looking for civilian medical records.

2. Get a copy of his medical issues going as far back as you can. Track down all docs he might have seen. Physical therapists. Shrinks. You name it. Get records. Build a point of contact list for your self and keep it for the future. Make copies. Have an extra and keep a master copy.

3. Find, get a copy of his DD214 or orders from the Gulf.

4. Go to the VA Benefits area, or find a service representative, ie. Legion, VFW. File a claim for illnesses that you feel are related to service.

5. While you are waiting for your compensation and pension exam, and this might take a year from first filing a claim. Your husband needs to go to the VA and get himself registered in the Gulf War Registry. (This was located where they do the Comp and Pen exams. Also the person who does Agent Orange will know. Track down this person) Have your husband talk about his service and his health issues since during this exam. Sometimes they will actually refer within the VA to specialists your husband might need to see. They will also do things like get a chest x-ray.

6. Continue with medical appointments for issues and keep records, building on your master copy and submitting new evidence as it builds.

7. Keep coming to this site for education and moral support.

All the best and blessings to you, it is time to find the help you need.

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wes007
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Strange how so many veterans are having sleep apnea that are claiming illness.
If study was done to determine how many Gulf War vets had sleep apena I would wager that the odds are it is much higher than the national average of sleep apnea. Sorta strange about that fact doesn't seem to want be stuided to much.

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shallowdrummer
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O.K. Time to break the ice. Hello and thanks to all for your service and sacrifices. My first post and I'm building up and practicing my particapation with this site. Thank you Gail for passing my request on to the admin. I'm a prior Marine E-5 airwinger from New River, NC living in Fl. Will be posting more bio in the proper place as soon as I can. Have been researching and reading here for years and everyones input and advice may have helped save me, (as it has for many others.)
On to the sleep ap. I don't think I have it but, won't say that for sure w/ out the test. First, I rarely sleep and only recently have been put on sleep meds/anxiety pills. I do suffer from nightmares when I did, and have Fibro (%40) and filed 3 times for CFS. (3rd is a charm right? filed last week and praying along w/ 9 other claims for dis.) Most were filed and denied in 2000-2003 and gave up, for a while. Can relate to the kicking and twiching as if the pain of Fibro wasn't bad enough. Will post more, just glad I'm not alone and wish to extend my concern and imput. I will continue on GWI post, but first MY HEART GOES OUT TO ALL OF US!

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Keep the FAITH!
SEMPER FI!!!

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