Sleep Apnea

Discussion in 'General Medical' started by krc, Jan 11, 2009.

  1. krc

    krc New Member

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    I retired effective 1 June 08 and currently have rating of 60%. I have just been diagnosed with sleep apnea and am going to be on a CPAP. Should this count for being service connected since it is within 1 year of seperation/retirement? Once I see my PCM on Wednesday I'm going to the DAV to file later this week. I never got my snoring checked when I was AD because I did not want my deployment eligibility taken away. One other thing, I am being compensated for high blood pressure and everything I read is that sleep apnea is a contributor to hbp. Any info given will be appreciated. V/r, KRC
  2. TinCanMan

    TinCanMan Active Member

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    Sorry, OSA isn't among the conditions presumptive during the one year period. You'll need to find some evidence of OSA in your SMR's. This is all covered in CFR as follows.

    38 CFR §3.309 Disease subject to presumptive service connection.

    (a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.

    Anemia, primary.
    Arteriosclerosis.
    Arthritis.
    Atrophy, progressive muscular.
    Brain hemorrhage.
    Brain thrombosis.
    Bronchiectasis.
    Calculi of the kidney, bladder, or gallbladder.

    Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

    Cirrhosis of the liver.
    Coccidioidomycosis.
    Diabetes mellitus.
    Encephalitis lethargica residuals.
    Endocarditis. (This term covers all forms of valvular heart disease.)
    Endocrinopathies.
    Epilepsies.
    Hansen's disease.
    Hodgkin's disease.
    Leukemia.
    Lupus erythematosus, systemic.
    Myasthenia gravis.
    Myelitis.
    Myocarditis.
    Nephritis.

    Other organic diseases of the nervous system.
    Osteitis deformans (Paget's disease).
    Osteomalacia.
    Palsy, bulbar.
    Paralysis agitans.
    Psychoses.
    Purpura idiopathic, hemorrhagic.
    Raynaud's disease.
    Sarcoidosis.
    Scleroderma.
    Sclerosis, amyotrophic lateral.
    Sclerosis, multiple.
    Syringomyelia.
    Thromboangiitis obliterans (Buerger's disease).
    Tuberculosis, active.
    Tumors, malignant, or of the brain or spinal cord or peripheral nerves.
    Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.
  3. TinCanMan

    TinCanMan Active Member

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  4. krc

    krc New Member

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    Thanks TinCanMan.
  5. Guarango

    Guarango New Member

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    Social Security Disability Insurance

    Hi All
    Question for TCM.
    I have a pending claim with the Social Security Administration for SSDI. This claim has gone on for over a year and today I find that the US office has not contacted the U.K. social security office in order to obtain my payment records in the Uk in accordance with the reciprocal agreement between the Us and the UK. What I would like to know is, is there a particular person or officer that complaints can be addressed to at the social security office. I am wondering if they have an unbondsman or such like officer that I can complain to. Any help in this regard is appreciated.
    Hope to find you all well in spirits and health.
  6. TinCanMan

    TinCanMan Active Member

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    Frank:

    I couldn't tell you what to do with the SSA folks. They're very difficult to deal with. Just recently signed up for SS and really had a tough time of it. I've found the telephone support folks are not too bright. Medicare is also a problem. I'm still working and have OHI. That means the OHI is in first place to pay. Problem is medicare wants to be in first place also and I have to fight with medicare every time I make a claim.
  7. vnvetlester

    vnvetlester Member

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    You might try the U.S.Embassy in the UK. See if they can have your records sent to tha SSA.
  8. Guarango

    Guarango New Member

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    Ssdi

    Thanks for your prompt reply TCM and VNvetlester. I appreciate your help. I'll struggle on with the claim. The guy at the Madrid Embassy said to waite until April and see what happens. It's been a year from first claiming and they haven't turned me down so may be a good sign.
    Thanks again
  9. TinCanMan

    TinCanMan Active Member

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    Frank:

    FYI: Just say some statistics thar reported 699 U.S. Retiree's living in Spain.

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