The Scary VA Email: Unveiling Proposed Changes to Sleep Apnea Disability Ratings
HTML-код
- Опубликовано: 21 фев 2022
- Today we cover the new VA proposed changes for Sleep Apnea and Tinnitus Disability ratings. Did it get easier or did it get tougher?
For a FREE Case Evaluation go here: www.hillandponton.com/free-ca...
Visit our website at: www.hillandponton.com/?...
Like us on Facebook at HillandPonton
For questions please email us at Info@hillandponton.com
VA press release here: blogs.va.gov/VAntage/100285/v...
Speakers
VA-Accredited Attorney Melanie Williams
The Hill and Ponton Quick Hits series mixes the usual Hill and Ponton details with a video length that won't make you fall asleep. Thanks for watching!
The content of this RUclips channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this RUclips channel for legal advice. Viewing this RUclips channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this RUclips channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this RUclips channel or in links to other RUclips channels or websites. This RUclips channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this RUclips channel is at your own risk. You enjoy this RUclips channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.
Check out the proposed changes for Respiratory disorders and Auditory conditions here: www.federalregister.gov/documents/2022/02/15/2022-02049/schedule-for-rating-disabilities-ear-nose-throat-and-audiology-disabilities-special-provisions - We only cover Sleep apnea and tinnitus in this video. We also cover CPAP recalls.
Llllllllllllllllllllllllllllllllllll
I'm a veteran receiving 10% disability for tinnitus..but I have been diagnosed with sleep apnea about a year ago with the capa machine and I never file for disability what do I do now or is it to late..
@@VictorHumphrey Did people in the service tell you that you snored? Did you have excessive daytime sleepiness then? Can a family member or buddy testify to that?
Va denied my sleep apnea. Jerks.
1
Great info, I already have compensation for these injuries. But VA needs to do all they can to help vets not how to make it harder
Remember you’re never safe until the 20 year mark. All the VA has to do is schedule you for an exam and that opens the door. They did it to me. I want to hear the VA say that we are grandfathered forever for these changes. But they won’t.
@@LawDogg01 Or… you are 55.
@@runnn3107 55year rule is garbage. Seen many veterans get reduced who were way over 55. 20 year rule is the only solid rule unless fraud.
Or dead..and that’s what they want..
Thank you folks for caring for us Veteran 👍🏻👊🏻🇺🇸
I've seen at least 6 videos of the VA's proposal, but this is by far the best analysis of those specific changes..
Rick, you are absolutely correct.
Thank you very much you have done a fantastic job in explaining these changes and taking away all of the fear
Very informative video! I don't know what made this one appear in my feed, but I was so impressed that you have a new subscriber! Thank you for keeping us informed and for your hard work and dedication!
Great summary presentation! I appreciate your review, explanations and brevity.
Thank you for clarifying the potential changes.
Great info on upcoming changes by the VA. Many thanks to all of you at Hill & Ponton; P.A.
Great info to match the great sound quality. H&P always has great info. Please make sure the sound in the other videos are good like this
Thanks for the info Melanie you guys Rock
Thank you for the info!
Great information, plain and simple explained on the new proposal vs the old process. The best video I have heard reference this topic. Thank You!
First time listener and first time commenting. Thank you for explaining as the letter was confusing. Hopefully my sleep apnea results from last night are received in time for me to file my claim requiring a CPAP machine.
Correct me if I’m wrong, but isn’t exposure to constant loud noise a proven cause for developing tinnitus.What is so underlying about constant exposure to loud noise, definitely stand alone! Basically all the veterans who fall into this category if this proposed change is passed are not going to get a fair chance of winning their claim
"Tinnitus is usually caused by an underlying condition, such as age-related hearing loss, an ear injury or a problem with the circulatory system" - Mayo Clinic
Welcome to the life of a veteran
Exposure to the carbons from jet fuel also have been proven/discovered to cause tinnitus as well.
I was diagnosed with severe sleep apnea by the VA back in 2017 and given a CPAP, but they still put my rating at 0%, they don't care, they said somehow my PTSD just went away after seeing the wizard a few times. They kept me under their care for so long after a couple surgeries leaving me with a big gap in employment history, denied personal unemployability, and now after being told I could go back to work, for almost 3 years I have not been able to test a job, and living off of $722 a month is getting real hard under this administration.
I’m so sorry that this is happening to you. I hope you will receive the treatment, rating and assistance that you need soon. Hang in there. I know it can be hard but try to hang in there.
damn I understand you, my sleep apnea is severe also and I was denied, they say they care but they don't.
sounds like you plowed ahead on your own without knowing what the hell you were doing. I got all of that, then some.
@@donmilland7606 I went thru AmVets and my 3 different reps didn't help me out much at all
The truth is the VA only changes these rating to make it more difficult for the Veteran to obtain a favorable rating. Just follow the money they will save. It is billions of dollars!
If this goes through no more tinnitus for vast majority of claims! screwing vets out of Billions!😡
Always great info! Thanks 🙏
Glad it was helpful!
@@HillAndPonton Question. I think with the 'VA' you have to look at every aspect of any changes. Ok... I'm currently rated at 50% for my Sleep Apnea. Now this new proposal wouldn't affect me because I'm 'grandfathered' in. BUT... What if I'm called in for a scheduled 2-5yr 'Reevaluation'? THEN will my Sleep Apnea be reviewed under the NEW Sleep Apnea policy??
Thank you so much
So based on the sleep apnea impairment logic if someone loses a leg is the VA gonna start looking at their impairment if they use a cane or prosthetic? Doesn’t seem logical to me.
Yeah, it doesn’t make any sense. This garbage can go straight in the trash. I hope none of this goes into effect.
Great info thanks. Waiting on decision for sleep Apnea. Currently using Cpap.
Also check out Combat Craig's video on these latest news: ruclips.net/video/MxCeH1pvq7o/видео.html
Im so sick of the denials.
I was denied compensation years ago for sleep apnea; however, the VA ordered a sleep study and found my condition is moderate. I need an APAP. I still have issues and am sleepy throughout the day.
Great info
I'd given up on the VA about 20 years ago. Multiple attempts to have work related injuries addressed kept getting declined, until the last one indicating it was too late to contest the findings. Best of luck to any and all who have to go through their maze and nightmare processes.
Please don't give up and I started 22 years ago, as you know long before social media. Thanks to Chris Attig, veteran and VA attorney (friend and/or business partner Hill and Ponton) I was able to get my OSA, secondary to sinusitis and rhinitis in 2012. I discovered Chris' website by accident, read his info and was granted by the VA on my first submission. What's more important, I was able to assist many veterans along the way. A wise and perfect man stated, much is given, much is expected! Hang in there, Hill and Ponton and Chris Attig are outstanding!
AIM HIGH - AIR FORCE!
It is never too late. APPEAL. Damn the torpedos, full speed ahead.
This happened to me I was always stationed overseas for 20 years of my 24 years and sleep apnea was not even treated but VA kept declining my claim
Do NOT give up It took from 1972 to 2017 to get
service connected. For. The reason I. Was. discharged for.
So do not Give UP. .,!!,!!!! !!!,,,,,,,NEVER. EVER. GIVE. UP
DO NOT. QUIT e,,.,.,,,
EVER. GIVE UP!!!!!!!!!!!!!
Having diagnosed with sleep apnea is already an impairement. It could kill you. VA is avoiding to help the veterans who they always call when the country is in need but they are willing to help afghanistan and other foreign countries sending millions of dollars that dont even like and support the US.
Thank you for clarifying if your already getting service connected compensation it doesn’t affect you. Only if you start a new claim. VA has New guidelines
Just don’t file for a new claim. Then BAMMMM! You’re screwed.
Excellent information for us veterans and I will be contacting H&P for their services. Reviews from other veterans that have worked with H&P were commendable
Pretty good 💯🙏🙏🙏good information
I'm not sure what I can do if anything but a veteran friend of mine filed a claim for tinnitus and hearing loss. The VA gave him hearing aides after a hearing test. He is an old rancher that doesn't like to cause waves or issues. This veteran worked originally as a cook and was pulled from that and trained to jump from and infiltrate the enemy. He went to his C&P appointment for hearing loss and the doctor that examined him took one look at his MOS and said, "What happened? Were you banging the pots and pans around a lot and that's what gave you hearing loss?" He denied his disability!!! I was appalled!! That is totally uncalled for! This veteran just left the office and didn't say anything as he normally is a quiet person especially about what he did in the service. It's been over a year so I'm sure there is nothing he can do about this now. Or is there?
These rules are why you need a lawyer to interpret them. No layman can understand or follow them. For all of our brothers in arms past and present thank you for your service, God Bless. I look forward to seeing you at the Veterans Day Parade.
I was told by a VA primary physician that 90% of Veterans using VA medical care are rated at 10%. If true, making it more difficult to obtain a rating for tinnutus could decimate incoming federal funds.
Pay to play
Thanks great info. Been denied thrice on Tinnitus. VA sleep apnea machine recalled have not used since.😳😡
Like all the Udated info on each claim. I will contact you ASAP as needed Thank you !
Sounds good!
@@HillAndPonton need your phone number in orlando
I have one of those recalled CPAP machines; VA doesn't seem interested in replacing and my unit is over 10 yrs old!
Well I'm waiting to see if I'm denied then I will be contacting your firm for representation. Been going in circles with them for 4 years. Time to change the game plan
I'm already a client of Mr. B. Hill that fits the Tart Criteria for my Recall BiPap!
Thanks
Tinnitus is separate, i had it long before i lost hearing
They should also talking to us vets not just themselves.
Thank you I have a 10% for tinnitus and a 0% for hearing loss . This is service connected, also I get hearing aids from the VA
Just did the same thing. The hearing aids are awesome.
I have same rating of 10% for tinnitus and 0 for hearing loss. Got VA hearing aids with Bluetooth and they are fantastic. Don't have to keep saying "what" to my wife. Denied OSA yet VA sent me a ResMed CPAP machine.
I liked the videos very interesting 🤔 and I may need to contact your team…
Great information I have a claim pending for sleep apnea and tinnitus since July 2022. I use a CPAP for my sleep apnea. I have c& p exam for both aug 7th
How’d it turn out?
I was diagnosed with sleep apnea about 2 years ago and use a CPAP machine
Great info! How do we combat these changes, if that is possible! There has to be some phone call, email, snail mail actions that can be taken to defeat these proposals!
You can comment on the federal register.
You can contact your congress rep
I've had sleeping issues since my AF days and hadn't even heard of sleep apnea until 4 years ago, I just received in December my claim for tinnitus
Please get a sleep study test. You will need a nexus too.
Bro you were in the af, you're fine.
@@NoBody-tz4fb dude the AF pillows were horrible. To soft....;)
@@NoBody-tz4fb dork.
@@isaidso1373 I had all of that, sleep studies, nexus report, and then the VA sent me to appointments where each of the doctors I saw denied every claim I had. I got so frustrated with the VA playing political games that I just said no more, and have stayed at my original/current rating.
OK, after listening to Ms. Williams' outstanding video, other videos and receiving numerous notifications about the proposed changes, what can we do? We can voice our concerns in the Federal Registry (60 days to do so), contact your representative in Congress and your military organization in Washington, VFW, American Legion, etc. It is OK to talk about potential problems or proposals but what are your solutions? AIM HIGH!
I need your advice regarding my respiratory conditions, During my active tour of duty, I was extensively exposed to asbestos in 1973 working inside the engine room. Also, has been hospitalized twice in 2 years. In addition, I used CPAP when sleeping. Thank you so much.
I first noticed VA has been looking at making changes to OSA since 2013 and changing to other systems in 2015.
Figures... I just put in a few new claims including sleep apnea a couple weeks ago.
Can we get an update on this? Thank you.
My sleep apnea caused cognitive loss, the VA docs diagnosed me with that because of memory and confusion problems that still afflict me. I am at 90% schedular and Pand T TDIU. 100% schedular might be within reach now. Sleep apnea is also causing migraines which I have suffered since it damaged my brain four years ago.
cognitive loss same here but my disability was denied.
@@j.c.w.6119 You have any buddies from service time who can write a note testifying you snored a lot back then? Do you have other service connected disabilities that contributed to sleep apnea-- like asthma or respiratory diseases?
@@timothyunderwood7880 yes I do
I am very surprised that you did not address the issue of tinnitus more in depth. Tinnitus is a stand alone condition. Not everyone has hearing loss that has tinnitus.
Check out our tinnitus video here: ruclips.net/video/8tzRO1UeWr4/видео.html
On a serious note. Do veterans believe VA will do what is best for the veteran or what is best for the VA bueroctrats
Excellent video....granted this is still "proposed" but how long does it usually take VA to make a final decision on such proposals? 1 month, 6 months, years??
Exactly....
I am currently 30% for Titus and degenerative arthritis in both ankles. In 2013 I was diagnosed with COPD wit no treatments. In 2019 I had a bronchoscopy and was diagnosed with intcestitial lung disease that was being treated with steroids for a year and a half. In addition I was referred for a sleep study April 2021 and diagnosed with obstructed sleep apnea. I had submitted claims to VA which were denied in October 2012, not service related yet they refers to medical records with dates while I was on active duty. In addition I was diagnosed with osteoarthritis L1-T3. I appealed to higher review which that admitted to errors and sent me for a PFT and x-rays of my lower spine. Now waiting on their review findings. I am a Gulf war veteran too.
That was tinnitus and the denial was October 2021. Any help in my case would be helpful.
This is a must to be answered. Total disability and TDIU. How will my wife battle the VA in earning her DIC 1315.00/ month if I die??? Im 100% TDIU how can we prepare for this if a veteran only has to die from a service connected disability or any disability that can support the claim?
Hello Hill and Ponton thank you all for all the work that you all do. Question is not about Sleep Apnea but 1. Tinnitus and 2. Hemorrhoids. 1. If I have been diagnose by a physician with lost of hearing and have hearing aids issue by the VA from the VA can I receive a rating for the disability? and if so what would be the percentage?
2.I have several Hemorrhoidectomy still to this day I suffer from them. I put in a claim and went to the C&P exam they are visible I know the physician can see them I feel them exposed. My physician has diagnose with hemorrhoids suggested surgery again (no way) stool softener and suppository. I found it own that there was no other doctor or physician in the room just me and my wife siting in front of me. Don't get me wrong she ask if I wanted anyone in the room after she asking to un dress. At this time I am frustrated they were Late and not polite just felt so uncomfortable it more to it so I will stop. Just wanted to ask a couple of question and gets some feed back this is my first to chat hopefully it want be my last. Thank you once again for your time.
I submitted a Tinnitus clam to VA on 28 Feb. 2022. The VA posted a "proposed" rule change for comments on 15 Feb. 2022. Comments on the rule change proposal will close on 18 April 18, 2022. As far as I know, this new rule change is not, right now, in effect. However it looks like the VA is holding all recent Tinnitus applications in abeyance until the new rule takes effect. This is the first time I have ever filed a claim where what I have claimed does not readily show on the VA WEB site. What it does show relative to what I claimed as "NOT AVAILABLE." The site does state " check back soon to see complete details of your claims."
ty for the post.. I am scheduled for c&p in a few weeks for tinnitus, please post any new info.
They didn't hold mine and I filed in March. I had my C&P in April and received my service connection. I received my first deposit yesterday...
I retired in 1996. I was awarded a 10% disability for degenerative arthritis in my right knee (all that running and jumping in combat boots), and a "0%" disability for hearing loss (helicopter pilot in the days before any attention was paid to hearing conservation). I had tinnitus at the same time, but it seems that hearing loss was bundled with the tinnitus, so there was no automatic 10% award. My total VA disability is 10%. All these years I've been happy with the 0% as it at least gives me VA access to regular audiology exams and upgrades to my hearing aids as necessary. Those hearing aids are not cheap! Have I been entitled to the 10% award for tinnitus all these years?
YES!!!
knee pain same here but sill was denied.
@@j.c.w.6119 I was denai for foot pain fungus a lump just below my elbow and back pain.
Excellent video Ms. Melanie. My comment concerns my long filed claims and appeals for Sleep Apnea. What impact will getting the Inspire Sleep Apnea device implanted in me, have on my Seep Apnea claims? I can find no references anywhere in the US Code, CFR or VA Manuals on this Inspire device as a treatment for Sleep Apnea and it's impact on claims. Thank You Very Much. Geno
I'm looking forward to that surgery.
I get 30% since 2010 on Hearing loss and Tinnitus and just was told I was being "Upecgrated" from 2 Sessions on New evaluations and received modern Hearing Aids that use Blue Tooth Technology...I do I get a rating upgrade as well???
In y’all’s professional opinion, do y’all think these proposed changes will pass and if so how long before they get instituted? I ask only because I retire next year (1 Jul) and have just been diagnosed with sleep apnea w/ use of CPAP. I know past changes have taken years to go into effect.
Hello I have been treated by the VA for Tuberculosis and I can’t exactly prove it was service connected because I wasn’t tested until years after service . Is it worth submitting a claim ?
What if you have three conditions that are already service connected that are static. You file for a new claim that has nothing to do with the already three connected ones. Is it possible they'll reevaluate you for the already granted and static conditions?
I'm kind of at a loss, I never filed for sleep apnea in my new claim but they want me to do a test for it
YOu said as long as you dont apply for a new claim you are ok... it would be a new claim on that rating correct or any claim? thank you
I have been diagnosed with moderate to severe Sleep Apnea and have been using the machine religiously for the last year, even after it has been recalled. I have NOT filed this with the VA yet. I also have a history of chronic sinusitis and allergic rhinitis back to the early 1990s, as documented in my medical records. I have filed an intent to claim with the VA for new issues. I'm currently rated at 80% for other issues. What can I do and who should I talk to?
Just because the VA diagnosis/treat you Sleep Apnea & if they even prescribe a CPAP. You still need to link your OSA to your military service. If not diagnosed or did a sleep study in service then more than likely, you’ll need to do a secondary to already service connected issue to tie them together.
If I have 50 for sleep apnea and open a claim secondary to sleep apnea for hypertension would that open me up to these changes or would it have to be a claim for an increase to sleep apnea.
With the side effects of Tinnitus it should rate much higher than it does. VA has made mine and every veteran that I know experience with them a nightmare.
I'm a veteran receiving 10% disability for tinnitus..but I have been diagnosed with sleep apnea about a year ago with the capa machine and I never file for disability what do I do now or is it to late..
Ok.. just got after 16 years of fighting and had to get my records that the VA said did not exist and could not answer how I got them with VA info to prove service connections for OSA and tinnitus there saying all ok unless an increase is filled. It never explains if that is an increase for the condition or just a claim or increase in a service related condition that is not related or even if is as secondary.. humm.. sounds like we about to get screwed again.. even got a CUE (critical and undeniable error) by the VA.. admitted it and still fighting.. smh
Great video thanks for breaking it down a little more . I have a question ! You mention someone as your already rated and use a cpap which I currently do. But I want to file a claim for an increase of my vertigo (vestibular problems) and maybe a secondary to some of my ENT ratings or possibly my mental health rating I have at 50%. Will the VA Take away my sleep apnea rating of 50% even though I’m not filing a condition related to the sleep apnea???
I am currently looking at some of the same things with ENT, but with a 90% rating, I am now worried that the new changes will hurt my rating.
@@timothyjohnsey do you have a otitis media rating or vertigo one ? Allergic rhinitis? Or tinnitus .
Contacted my Senator and Congressman.
Hi, my husband had sleep apnea and amongst other respiratory conditions, and he has passed away. I turned the information in 2019 and now I want to stand in his place. Can you tell me how this will work?
I recently have been diagnosed with sleep apnea . I am not currently receiving compensation . The VA did authorize and are paying for the sleep studies . Am I eligible for VA compensation . I live in Reading , Pennsylvania . 2 of the studies were done at Tower Health facilities . The first were failed home studies at the Lebanon VA .
I conducted two sleep studies while I was on Active Duty and was Diagnosed with OSA ( Obstructive Sleep Apnea) also while serving on Active Duty. I was even issued a CPAP Machine while I was on Active Duty serving my country. However, when I filed my claim with the VA, they Denied it. How is this even possible ?
I was given a cpap machine about a year ago but not given a diagnosis. I don’t even think it was a doctor that prescribed it and a young civilians handed it to me. I hate using it and have 70% from PTSD. How should I go about filing a claim for SA? I don’t really have much info on the SD card.
I was diagnosed with sleep apnea after I got out of the service. That was at the Jackson VA medical Center. I have an old machine. Sometimes it’s hard for me to breath when using the machine. Anyways I moved to North Carolina cause I got a better government job with higher pay. I go to Hampton VA Medical Center in Virginia. I tried to make a claim for sleep apnea back in 2015. I was denied because the reason. Cause there wasn’t any history of me struggling with sleep apnea in the service. I do believe I have been using a recalled machine . Every since I have been using the machine. I have been seen 3 or 4 times about bronchitis. Denied me in 2014. I tried to appeal it. Then I got my new job. Sell the house in Mississippi to move to North Carolina. Now I’m stable once again. I’m focused on trying to get this claim approved.
I'm in the same exact boat. Always Denied! Been trying for yrs, but if its not in your military record they will deny you every time.
What does convience of gov. Mean on a discharge
When will these proposed changes take effect, if it passes?
So I did my sleep study that was ordered by the VA last night and was informed that I have apnea. I didn't file a claim for it however I did file for RLS, which is a sleep disorder. I've had back surgery with hardware installed and I read an article in Central apnea which could be caused by nerve damage. The technician didn't elaborate on what type of apnea it was. So since the VA wanted the test and it showed positive, will they compensate me for it or do I have to file a claim for it separately?
I will file separately if I were you.
When will these proposed changes take effect?
Are there any updates on this?
How do we acquire your services if we are not happy with our claim results. In Arizona
Well damn, after 34 yrs I finally applied and received my whole 10% for Tinnitus and now it will be taken away...
Your grandfathered in...
Any update on this,
Just to be clear Maam, as long as i use and need my CPAC machine i would receive my 50% compensation?
I was given a C&P exam for hearing. I already have 10% for tinnitus and 0% hearing loss. Is there a reason that I should do this again.
Hi Melanie, if I got 10% Tinnitus last month and am working Migraines secondary as a new claim, my Tinnitus at 10% won't be touched 'in your opinion", mam?
Can you guy help grandfather people in who have pre-existing conditions. Not fair that someone got out at 4 years and gets money for life while others are still serving will get nothing.
Hello I Have sleep apnea And was prescribed as cpap machine through the VA i stopped using it because it was making it harder for me to breathe and I have asthma also I never made a claim for cpap so should I do so now
They need to fire whoever the hell is responsible for these proposals. These conditions bring service members real health issues. We can send 113 billion dollars for wars but we can’t support veterans who fight those wars they pocket money from. Our lawmakers should not stand for this.
I am in the process of a BDD claim, with my retirement official on 1 April. If this change goes into effect, will my claim still fall under the "most favorable" rule since it was submitted before any changes? It is an initial claim.
I'm in the exact same boat...BDD with a 1 May DOS
There is no way in hell this will be approved by then. No government agency works that fast. I also think these changes may have to go through Congress as well.
I submitted a BDD this week with an Aug 1st retirement and am definitely wondering what a typical approval timeline is from the end of the comment period.
Same boat but I retire 1 July and filed a BDD claim. I have all my VA exams within the next two weeks. Hoping it doesn’t change at all but definitely after my claim!
Have these changes gone into effect yet? O was awarded service connected apnea about 2 years ago and prescribed a cpap but was only rated at 20%???? What can I do if anything at this point to get it raised to 50%? IA it too late? Of not what do I do and can I go after back pay for the low ball rating???
I currently have a tinnitus rating at 10%. And working on another claim. But have not filed
Should I submit a claim now rather than waiting later.
I've been told by two different Doctors I don't need the sleep machine and my sleep doctor is making me broke with all the money he charges me
How do you get service connection for sleep apnea?
What if I am getting a pension. But no rating of what degree of rating for disability. What should be done in order to find out what rating should be awarded.