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New VCF Rules for those suffering from 9/11 Obstructive Sleep Apnea

Individuals who were exposed to dangerous toxins at or near the World Trade Center site on 9/11 or during the months that followed now face tougher standards if they seek benefits related to their obstructive sleep apnea. Previously, claimants were required to submit a “C-PAP compliance report” demonstrating consistent usage of a continuous positive airway pressure (C-PAP) machine for at least 30 days. In an effort to issue compensation that is consistent with the Victim Compensation Fund’s (VCF) statutory obligation to prioritize funding to claimants with the most debilitating conditions, and in an effort to preserve dwindling funds for those who have cancer and/or are dying, the VCF now applies stricter scrutiny to non-economic loss claims associated with all non-life threatening respiratory illnesses, including obstructive sleep apnea. The VCF now requires evidence of at least six months of continuous C-PAP usage, in addition to a letter from the treating physician that details the severity of the sleep apnea, and how the conditions impact a patient’s daily life, notwithstanding usage of the C-PAP device.

For several years, medical researchers at the WTC Health Program have noted that people who served in the rescue and recovery efforts at Ground Zero have an increased incidence of obstructive sleep apnea. This is a condition where throat muscles block the airways during sleep, causing the person to wake frequently and often without knowing it. These individuals often experience dangerous fatigue and health problems linked to their lack of sleep, especially during the REM sleep cycle, such as:

  • Falling asleep while driving
  • Inability to stay awake during the day time
  • High blood pressure
  • Diabetes
  • Difficulty concentrating
  • Heart problems
  • Stroke
  • High cholesterol
  • Liver disorders

Sleep apnea is a symptom associated with a variety of autodigestive conditions, such as GERD, asthma and sinusitis, which have all been linked to 9/11 toxic exposure. To maximize your ability to obtain your rightful compensation for sleep apnea, it’s important to understand that the VCF now requires evidence that confirms the severity of your conditions. It’s helpful to find an attorney familiar with the ever changing legal developments in this area, who can help prepare the medical documentation needed.

No matter how worthy your World Trade Center illness claim might be, you can be denied the compensation you deserve if the requisite evidence is not submitted. The lawyers at Barasch & McGarry have played an integral role in securing justice for men and women like you and are well versed in the applicable eligibility rules. To schedule a free consultation with an experienced lawyer, call us at 888-351-9421 or contact us on online.

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  • "Barasch McGarry Salzman & Penson handled everything professionally and with patience. They always had time to answer all my questions and did what they promised. Thanks esp to Brian Calamaris Lee London, and Mariya Atanasova. Thank you." - William Collins, FDNY

  • "If I could give them six stars I would...don't even bother talking to anyone else concerning 9/11. The whole team worked night and day to deliver an outstanding settlement. They are honest, hard working and extremely professional. Just make the one phone call and let them do the rest." - Les Margulis, resident in the exposure zone

  • "I had a very good experience with Michael and Mariya. They made the process stress free. I would recommend this firm to anyone seeking assistance with 9/11 related illnesses." - JE Kirwan, worked in the exposure zone

  • "The people at this firm were just great. They were concern with making sure I was taken care of in every way possible. When I was given an award Mr. Barasch didn't think it was a fair amount and appealed the decision which got me a larger award. I am very satisfied with everything they did for me in the past and are willing to do for me and my family in the future." - Bob Wiecezak, FDNY-Retired

  • "Excellent law firm. Lee London and his staff were very responsive and always followed up with phone calls or emails. This firm is a strong example of what caring and personable lawyers are all about." - Letitia Egan, wife of client, volunteer in the exposure zone

  • Deadline Extended to Register for Compensation


    There is still time to apply for significant compensation if you have been diagnosed with any of the 68 cancers that doctors at the WTC Health Program (WTCHP) have linked to the WTC toxic dust. The deadline to apply to the Victim Compensation Fund (VCF) is two years from the date that a cancer has been certified by the WTC Health Program — or any other governmental agency. The two-year period to register doesn’t start on the day of a cancer diagnosis. Rather, it starts only when a cancer survivor is made aware their cancer was linked to exposure to the WTC toxins.

    For those who died from their WTC-linked cancers, the two-year period for their family to register starts on the day of the death of the WTC victim.

    Register For Compensation

Please help spread the word about the strict two-year deadline to register a claim

Many people have tried to complete the VCF application on their own, only to learn that it requires answers to hundreds of questions and many documents to download. It would be our pleasure to help you complete the process in order to ensure that you receive the compensation that you are entitled to. Please call us for a free consultation.

Let a knowledgeable attorney help you figure it out

A cancer diagnosis can be terrifying. You undoubtedly have questions about your disease and how you will pay for treatment. Lawyers at Barasch & McGarry ensure you understand the complex requirements and help devise the best strategies for obtaining compensation and appropriate medical care under the Zadroga Act. Contact our law firm online or call 888-351-9421. The initial consultation is free, so it costs you nothing to find out whether a lawyer can help.
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