Va disability erectile dysfunction secondary to sleep apnea

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.

Erectile dysfunction is a condition that can stand in the way of a happy, fulfilling life. If you developed erectile dysfunction during or after your military service, you may qualify to receive VA disability benefits.

Obtaining VA disability for erectile dysfunction requires three things — one, evidence of an injury, illness, or event during military service; two, you must have a current diagnosis from a medical professional; and three, you must demonstrate a cause-and-effect relationship between a specific event in your military service and your erectile dysfunction. Proving these three requirements is difficult and denials are common. If your claim or appeal has been denied, the team at Chisholm Chisholm & Kilpatrick LTD can help.

If you are ready to find out what our team can do for you, call for a free consultation today: 800-544-9144.

What Is Service Connection?

Obtaining disability benefits hinges on your ability to prove your condition resulted from an in-service illness, injury, or event. This is known as service connection.

How Can I Prove Service Connection for My Erectile Dysfunction?

To obtain VA disability benefits for erectile dysfunction, you must show that you developed the condition as a result of a specific event, illness, or injury that occurred during your military service. For example, the event could be a physical injury involving blunt trauma to the genital region, or it could be an event that caused psychological trauma, an effect of which is the loss of sexual function.

Additionally, you may be able to win service connection for your erectile dysfunction if it stems from an already service-connected condition such as diabetes or prostate cancer. This is known as secondary service connection.

Generally, the evidence necessary to prove service connection comes from both medical records and military service records. It is also helpful to have a report from your treating physician in which the doctor gives his or her opinion on the cause of your condition.

How Much Can I Receive Per Month for Erectile Dysfunction?

There is no specific disability rating for erectile dysfunction. Instead, the VA rates the condition under 38 C.F.R. § 4.115b. Examples of erectile dysfunction related listings include:

• Code 7520: If doctors removed half or more than half of your penis, you receive a rating of 30 percent.
• Code 7521: If doctors removed your glans, your rating is 20 percent.
• Code 7522: If your penis cannot become erect because of a physical deformity, you receive a 20-percent rating.
• Code 7523: If your erectile dysfunction is due to atrophied testicles, a condition often resulting in reduced testosterone and thus a lower sex drive, you receive a 20-percent rating if the condition affects both testicles, and a 0 percent rating if it affects only one testicle.
• Code 7524: If you had both testicles removed due to a service-connected event, you receive a 30-percent rating; if you had one testicle removed due to a service-connected event, you receive a 0-percent rating.

Generally, the VA will grant a 0-percent rating for erectile dysfunction unless you are eligible under the diagnostic codes above. However, service connection for erectile dysfunction, even at 0 percent, makes veterans eligible for Special Monthly Compensation (SMC) for loss of use of a creative organ. This is known as SMC (k) and it is paid out in your monthly VA compensation check.

As of December 31, 2017, SMC (k) amounts to $111.74 a month.

Call Chisholm Chisholm & Kilpatrick LTD Today for Your Free Consultation

If your VA claim has been denied, the experienced and accredited advocates at Chishom Chisholm & Kilpatrick may be able to help. Call us today to discuss your case for free: 800-544-9144.

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