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    • After a Denial and the veteran Appeals NOD ...Did you request a DRO Hearing/Review/ or any other Review to help get a favorable decision?  if not then that's probably why its going to the BVA.  Can you post your denial on here the reasons and bases part? Yes they sure can reduce  you based off the Original C&P, They should send you a SOC( statement of the case) or supplemental SOC ? did they?  if you don't have a Docket # yet  you maybe in for years years wait. You should go seek a private specialist for IMO to have as new & material evidence to rebut your Original C&P Examiner, be sure you find a Dr with the correct credentials (specialist in the field of medicine your claiming) If you never recieved anything back from the VA After you were DENIED & you sent in your NOD Within a year then the VA has committed a CUE  (Clear and Unmistakable Error.) This is just my thinking  seems to me they violated your( DUE PROCESS)  under the Cushman Preposition. seems your a constitutional right has been broken. other elder members I hope will chime in here! ...................Buck
    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.





yelloownumber5

Hypertension And Obstructive Sleep Apnea

17 posts in this topic

Hello,

I'm rated for hypertension within my year of retirement 12/2003. In March of 2006, I had my first sleep study and second in Oct and diagnosed with Obstructive sleep apnea and insomnia but did not file a claim because my representitive told me that since this was after the one year period I was "not qualified to file". Anyhow....while on active duty I did complain of day time fatigue and on my physicals but "sleep 10-12 hours but still tired throughout the day and yawnny". I was asked if I snore but being single I did not know....blah blah blah. In 2004 actually my wife did say I have apnea events. While on active duty right before retirement I had a deviated septum which I had surgery on to help with the day time fatigue but that still did not help and I told the doctors such. I did claim the deviated septum but had problems proving the trauma.......anyhow..........

Would it be within reason to file a claim with the Obstructive Sleep Apnea secondary to hyptertension (systemic). Is this resonable on my behalf? I also have GERD which has developed to Barretts Esphogus which I have read causes OSA as well........how do they decide? I also need to request an increas on my GERD from the 10 percent I guess.

Thanks much in advance,

Y#5

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I also have sleep apnea and believe it started in service but alas not enough medical evidence, my doctor thinks it started in service and has put it in writing but I have not submitted since it is still weak on evidence.

As I understand it (my own web research) the Sleep apnea causes hypertension and Gerd not those conditions cause sleep apnea.

Im working on getting my hypertension SC first (diagnosis in SMR's with extensive work-ups by internists ect) and my cardiomegaly (enlarged heart).

Im currently trying to track down buddy statements (22 people in 1 quansit hut) so if you know anyone from HHB 6/37 FA Uijongbu Korea 11/85-10/86 have them e-me!

Since your apnea diagnosis is fairly close to your hypertension see if you can get a pulmonologist (sp) who is also board certified in sleep medicine, to do an exam and medical opinion/nexus statement. They may be willing to state 100% that your Hypertenstion and GERD are caused by Sleep Apnea and that would put it within the presumptive period.

People have also won sleep apnea after the one year period because of deviated septem treatment in service. The key here is a good medical statement connecting the dots.

Best regards,

Tyler

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71M10,

I was trying to go this route because it has been hard for me to get buddy statements. I as well have a deviated septum but that has to be proved cause by trauma which I'm sure mine did but I am missing a lot of medical pages (even missing from the VA) during the time of my car accident but as well have cervical issues and Trauma related Cateract which are more than likely all related to the accident.

There is a lot of info about GERD causing OSA.....with hypertension you are correct osa can cause that not vice versa as I was saying. I know GERD in my severity can cause lots of problems so make sure yours stays in control.

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Lets see here. The medical community is split at about the 70 to 30 on which came first hypertension or OSA. The bad think is the 70 percent is aginst the theory that hypertension causes OSA and provide that OSA aggravates hypertension. However, if you can get the doc to do an IMO providing that your day time sleepy problems, your claims of sleep problems on the physical, the hypertension and the Gerd was at least as likely to have symptoms/diagnosed illness's were indicators of your OSA in service you may just have a chance. I have seen/heard of some that have succeeded like this. Good luck.

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Lets see if this will let me reply now......two hours ago it disappreared on me.....

Ricky,

Right was it the chicken or egg first? I was just looking at different angles for my Sleep Apnea claim. I finally received a copy of my medical record and there were of course no diagnoses while on active duty for OSA however...in my last 3 years of active duty my medical record has some mention of sleep disorders, day time fatigue and the doctor said "osa 2* (2 degree)" "consider sleep study" but I never had one and for my final year in the military I had a new PCM which this never got discussed becaue I was looking at cervical surgery before I retired. I am awaiting a copy of my record from retirement (12/31/2003) to present. In mid 2006 I told my different PCM that I was falling sleep while driving because before this he never did anything when I complained of day time fatigue but i did not complain very much. I had my first sleep study 10/31/2006 and was diag with insomnia and OSA. My blood pressure was and still is uncontrollable during this time of talking about sleep apnea......

Do you think I should submit a claim like this? I was going to claim before but my VSO Rep told me I didn't have a well grounded cause.

Thanks for your assistance,

Y#5

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Yellow - as I posted before you will need a VERY STRONG medical opinion. Although your SMR's have indications of possible OSA it was not diagnosed until several years after your service. Now if the sleep doc will provide an opinion that all of your symptoms in service, the suspected OSA, the GERD and hypertension were at least as likely as not due to OSA then you will be on the road to success (jmho)

Now along with this if you have a better half or some buddies that can attest to the fact (lay evidence of symptoms) that you snored and appeared to quit breathing during that time should put icing on your claim. It will be hard to win this at the RO level but with all of the evidence that I have listed the BVA may just weigh in your favor. If I had been your VSO and you could have obtained such evidence I would have recommeded that you submit the claim. My recommendation would have been based upon the fact that most people have sleep apnea for several years before they realize they have it. I am not saying that your SO was wrong for his recommendation - we all have different opinions!

We all have similar symptoms due to normal life. You know sometimes we party, fight with the better half or study for a test way to late in the night which causes us to fall asleep during the day. However, when it gets to the point that these symptoms are almost daily then there is a problem. The military response to such symptoms, most of the time, is go to bed earlier and do more PT. And oh by the way, just incase that does not work here's some motrin! :) Good luck.

Edited by Ricky

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