Question:
I was in military service from 1972 to 1976. Brief biography:My primary MOS 079 Corpsman. After Corps school I went to lab tech school and became my primary specialty a HM-8501 laboratory technician upon graduation I was assigned to N.M.R.I. , naval medical research Institute, Bethesda Maryland. My lab was on the first floor of the VIP Ward. I was assigned to a Doctor for various areas of research. In addition to that, I also was the check and phlebotomist for the VIP Ward. Everything that went in and out of the VIP Ward was double checked particularly in the area of blood transfusions. I was the check.
As a corpsman by definition you are technically working at sick Bay. If you had a problem it was not hard to pull the arm of a doctor and say oh I have this condition. The only documentation on your medical records which would reflect the area of surgical procedures. The VA automatically denies claims predicated upon an outright lie, that being, You must have set 1 foot in Vietnam or were contaminated in the South China sea. Sleep apnea occurs in veterans at a rate four times more than civilian population. That being military 20%, civilian 5% incidence of sleep apnea. The fallacy of their argument is that Iraqi and Afghanistan warriors have the same 20% rate as Vietnam era veterans. This group of veterans have not been assigned to Vietnam.This proves outright that sleep apnea is not a disease only demonstrated by Vietnam veterans, i.e. it's a lie.
If you diagram an extended Lions pyramid, the top of the pyramid would be sleep apnea. Sleep apnea is the culprit for all the other diseases associated with it. Sleep apnea produces diabetes mellitus type II, peripheral neurapaty,erectile dysfunction with impotence,and renal failure. The only disease that is primarily associated with Vietnam era veterans is Chloracne (or similar acneform disease) A skin condition that occurs soon after exposure to chemicals, i.e, Agent orange and looks like common forms of acne seen in teenagers. Under VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides. All the research that I have done on these conditions have one common denominator, that being sleep apnea. Sleep apnea was not identified as a disease until 1989. The VA has denied my claim entirely because there was no diagnosis of sleep apnea in any of my records. Due to the fact that it was not a disease until 1989 there would be nothing in my records to indicate their time frame. My research has always come up with a claim being accepted with a doctor's note and sworn testimony from this individual, that being, the person went to sick Bay because his wife told him to go to get it checked out, that being snoring. Diabetes mellitus type II., "pain in left foot", "pain in right foot". In other words, “peripheral neuropathy”, erectile dysfunction with impotence,Being kept totally impotent by the VA for 25 years utilizing every voodoo medicine other than what it finally took to correct this problem and that being a implant, Renal Failure, Sleep Apnea, All diagnosed by the VA.
I was diagnosed with Sleep Apnea at Mount Vernon VA, Mount Vernon Missouri in 2008. Due to the fact that I was not diagnosed with sleep apnea before this date, the subsequent diseases were not treated and therefore became full-blown cases versus something that could have receive medical attention for a period of 25 years. Early treatment for any disease sometimes can arrest it, or lesson the degree that you have that disease. Ask any Doctor period they will tell you early detection of a condition equates to longer survival rates of the patient. There is a lot more to this in my case. If you would like more research and it is rather I would be willing to share what a research technician can do in this matter. More than likely this will have to be adjudicated in a court. I've notice on your website that you have a outlet of attorneys. If that is correct can you refer me to one. I do not have the financial means to hire an attorney so it have to be either on a pro bono, or percentage of the claim.
Jim's Reply:
Veterans law attorneys accept appeals of denied claims on a contingency fee basis. They are paid only if and when you prevail in your appeal. The usual contingency fee is 20% of any retroactive pay you may have if you prevail. Any of the attorneys you see featured will be happy to speak with you to determine whether or not they can represent you.