DAV rep confused me

Postal46

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I went with a friend to her DAV appointment to file claims and the rep really confused us.

1. She was involved in a car accident right off base (after work hours), and the rep claimed that the VA might not approve it, because it didn’t happen while in uniform. She went straight to the emergency room (on base), and has been going to therapy for her back and shoulder. Will that get service connected?

2. She was issued a APAP for mild OSA (6 episodes an hour). The rep claimed she would not get service connected due to it not being a CPAP.
I am just looking for accurate answers from the VA rules, just trying to understand the process!
Thanks!
 

RonG

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Hello Postal46,
Re: Sleep Apnea

Note: Hypersomnolence is characterized by recurrent episodes of excessive daytime sleepiness or prolonged nighttime sleep.

38 CFR § 4.97 - Schedule of ratings - respiratory system

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy100
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine50
Persistent day-time hypersomnolence30
Asymptomatic but with documented sleep disorder breathing
 

RonG

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Postal46,

Re: Accidents while on Active Duty

When you are active duty, you are considered to be on active duty for 24 hours a day, whether you are technically on duty or off duty at the time, so you can be service-connected for disabilities resulting from almost any type of accident that occurs while you are on active duty, UNLESS the disabilities resulted from willful misconduct or while AWOL.

In order to be eligible for VA disability compensation, traditional National Guard or Reserve members must have a disability that resulted from an injury or disease that was incurred or aggravated in the line of duty during either active duty or active duty for training. To be eligible for disability compensation for a disability that occurred during inactive duty training, the disability must have resulted from an injury, heart attack, or stroke.


Ron
 

oddpedestrian

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I have seen them deny car accident claims if the SM was at fault for the accident but talk to your county rep next the DAV rep should have went into more detail on the strengths and weaknesses of her claim.
 
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