maybe it did happen in your case or a few others, but it shouldn't have according to the definitions set out by the military. Sleep apnea does NOT fall under their definition of service connected.
"Standard in-service medical and surgical treatment reducing the effect of the disease or other conditions incurred
prior to entry into military service does not constitute service aggravation unless the treatment was required to relieve
disability that had been aggravated by military service." <~ that is from the Army Govermnent document I posted. Military.com though often pretty accurate doesn't hold any legal ground they aren't always correct.
Here are the standards (from the same document) on how medical retirement eligibility is determined "
Whether the disability meets the criteria established by law for compensation. This determination considers the
following questions:(a) Was the disability incurred or aggravated while the Soldier was entitled to basic pay (when the Soldier is on
active duty for more than 30 days)?(b) Was the disability the result of misconduct or willful neglect or incurred during a period of unauthorized
absence?(c) Was the disability incurred in LD during a time of war or national emergency or incurred in LD"
Obviously you have been given some wrong information. sleep apena does not fall under their definition for service connected nor should it be grounds for a retirement. Its ridiculous that guys with serious war injuries would have to fight just to get to 50% and someone with a genetic disorder that had nothing to do with their service is just handed 50% or an unearned retirement status.
Regardless if you want to keep arguing me on it, its all there in the legal government document, you really can't argue with that. If it is in fact happening its wrong and against the rules that are supposed to be followed for med boards
Wow, I'm with emolee. Why are you being so combative about this? Guys get disability for sleep apnea all the time, especially at time of retirement. There's no way to prove if it was brought on by service or if it's genetic! If you're upset because amputees are having a hard time navigating the VA system or getting what they are due, save that for a different argument.
OP, I'm sorry you and YH are going through this right now. I hope you find the answers to your questions, and that you both get the care you need and start feeling better soon!
HisChamaoleGirl
member
Re: (Untitled)
Wow, I'm with emolee. Why are you being so combative about this? Guys get disability for sleep apnea all the time, especially at time of retirement. There's no way to prove if it was brought on by service or if it's genetic! If you're upset because amputees are having a hard time navigating the VA system or getting what they are due, save that for a different argument.
OP, I'm sorry you and YH are going through this right now. I hope you find the answers to your questions, and that you both get the care you need and start feeling better soon!