Question:

Jim,

Thanks for doing what you do. My question is, "Can I file a claim for sleep apnea if I have been retired for four years'?

Answer:

Can you reasonably connect it to an event, injury or illness that occurred while you were on active duty? Or, were you diagnosed with sleep apnea while you were on active duty and have a record of that?

If "yes", what was the event, injury or illness?

(There was no reply back from the veteran.)

Jim Strickland's Mailbag: Volume #40 for 2008

NOTE:  Letters in my mailbag are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

06.02.08

Question:

Jim,

Hi Jim, I'm a Vietnam and Persian Gulf era veteran and I have diabetes. I was diagnosed about two years after I retired from the Air Force. I want to know the VA's policy on diabetes. I have copies of lab slips out of my medical records that show that I had high blood sugar limits before I retired, but I was not made aware of the elevated levels until after I retired. I am 70% rated by VA. I was not in country during Vietnam. I am going to file a claim for diabetes and need to know what I'm up against.

Thank You

Answer:

You are likely going to run into resistance. If you are Vietnam era but did not set boots on the ground, you are not going to be awarded the presumptive benefit that is fairly automatic because of exposure to herbicides.

If I were you and I had active duty records that showed elevated blood sugars that may be sufficient to say that you may have been diabetic or immediately pre-diabetic...but weren't appropriately treated,...you may have a good case to establish a service connection. I wouldn't be surprised if you were denied at first but won on appeal.

I would file for the service connected disability award using that argument. Copy those records and if at all possible, get a nexus letter from a physician who agrees with you.

There are many tips for filing with a nexus letter in the archives of my articles. Spend some time reading and go for it.

Question:

Jim,

how do I find a qualified psychologist/psychiatic who specializes in mental illnesses of military veterans? I live in a small community. If I can find psychologist/psychiatic, I can get fee-based help. thank you

Answer:

I imagine your only choice is the VA. I can't imagine a mental health professional who is competent to deal with veterans needs being available in a small community unless there is a VA facility there. The specialty of working with veterans is almost exclusive to VA.

You can use the Google search engine but I wouldn't hold out too much hope. You could also try asking your primary care provider.

Question:

Jim,

I keep hearing that if you are rated over 80% by the VA you can't work. Is that true? thanks

Answer:

No. Absolutely not.

The only time a veteran is restricted from gainful employment is when the veteran is rated 100% disabled due to Individual Unemployability (IU). An 80% veteran is free to work and earn as much as he or she is able.