JamesR wrote:Your next option is a path what I feel would be the path of least resistance (where you can get both your retirement and your dissability without fighting the system). Now, you should verify what I am going to suggest ASAP with your VA Representative (before you take any action and especially before your official retirement date). If I remember correctly, you can file for your dissability with the VA up to 1 year after your official retirement date. What does this mean to you? It means that if you are diagnosed with sleep apnea and subsequently issued a CPAP within 1 year after retirement, you can include this in your application for dissability after you retire. Remember, you must not file for your dissability rating before you have been diagnosed with sleep apnea. The next important thing you must remember, you MUST file within 1 year (365 days) after your official retirement date. If you delay in filing beyond the 1st anniversary of your official retirement date, you will forfeit any possible consideration for dissability. Once approved for the dissability rating, your dissability payments will be back dated to your 1st retirement check.
Last of all, I am not a lawyer or qualified to provide you legal advice considering your retirement and dissability. Please verify the accuracy of my statements from official sources before you act.
Keep us informed on your progress.
James R, You pretty much got this right on the nose except you can file after the 1 year is up. The difference is, you only get disability starting on the day the paperwork was received by the VA not the day you retired. I was diagnosed with sleep apenea while on active duty. Problem was, I was never told. I had a sleep study 2 years before retirement and when I asked my doctor about it she said there was nothing to it and that I just needed to relax before going to bed. I never thought anymore about it. Then one day after I had retired I was looking through my medical records and came across my sleep study. There it was, sleep apnea! I had already by this time filed my VA papaerwork and got 30%. Again I let it go until this past spring. I had had enough. I had just recently manged to get my PCM changed from a military facility to a civilian doctor. He sent me for another sleep study and the next thing I know his nurse is calling me to tell me to go pick up prescriptions and that a medical supply company would be calling me so I can pick up a CPAP. This came 2 1/2 years after I retired. I promply walked across the street to our county VA people whose main job is to get VA claims filed accurately and be your 'go between. with the VA. I have an appointment with the VA for a physical next month. I pretty much sleep through the night now with my CPAP. Usually the only time I wake up now is when my 2 year old wakes me up.