How Do I Prove Sleep Apnea Was Service Connected?

[iraqx2]

I am planning on writing a Notice of Disagreement on my sleep apnea decision. The VA in their decision letter, did acknowledged that I do have sleep apnea and currently on a CPAP machine issued by the VA's sleep center. So all of the conditions and treatment are concrete. However, and as usual, " No evidence to support that sleep apnea was service connected ".

I am burned out with paperwork but is currently satisfy with my rating.

Any suggestions on how I can respond and prove that it was service connected?

Thanks

[broncovet]

I will add:

I have OSA. (Its not Service connected). My doc told me it was "excess tissue" in my throat. He indicated more than once that it could well improve if I lost weight. Specifically, People who have Osa ARE OFTEN OVERWEIGHT.

If you ARE overweight AND have OSA, you might just take a look at your meds. You can google "side effects" of your specific meds. If the drug makers website says, to the effect, that the drug, xxxxxxx, has a side effect of weight gain, AND if your doc prescribed that med for a SC condition, well you could ask him to relate your med, to obesity, to OSA. It could work, but your doc would have to provide a nexus, and a medical rationale.

[broncovet]

Iraq2:

It sounds like you are trying to prove OSA is SC for purposes of getting SMC because your post indicates you are already at 100%. In other words, if you got 50% for OSA, then you would qualify for 100 plus 60 housebound. (SMC S).

While this may work, if you ARE housebound, you may be able to get it by showing you are HB. There are 2 methods to SMC S (housebound):

1. Housebound "in fact". This means your doc states, to the effect, that you are housebound.

2. 100 plus 60 criteria, described elsewhere in detail.

[71M10]

I was just awarded for Sleep Apnea.

I had my pulmonary doc (and certified sleep specialist) review my service medical records. In his letter he indicated sleep apnea more likely than not started when I was deployed to Korea in 1986. He further went on to indicate the medical indicaters of sleep apnea in the medical records were onset of unexplained hypertension, neck size of 17 inches, weight gain and reported snoring by spouse when he returned from assignment in Korea. He then added another paragraph indicating untreated chronic pain due to back injury could make my sleep apnea worse and treatment with opiods would depress my breathing and worsen my sleep apnea symptoms. This is a paraphrase not word for word.

Look at your SMR's if you have any medical conditions that are caused or worsened by sleep apnea (google it, lots of information on the web). Spend the money for an IMO and get medical evidence in the record. Buddy statements are helpfull but the farther away from ETS you get the less impact they have.

Best regards,

[usn01]

I was just awarded for Sleep Apnea.

I had my pulmonary doc (and certified sleep specialist) review my service medical records. In his letter he indicated sleep apnea more likely than not started when I was deployed to Korea in 1986. He further went on to indicate the medical indicaters of sleep apnea in the medical records were onset of unexplained hypertension, neck size of 17 inches, weight gain and reported snoring by spouse when he returned from assignment in Korea. He then added another paragraph indicating untreated chronic pain due to back injury could make my sleep apnea worse and treatment with opiods would depress my breathing and worsen my sleep apnea symptoms. This is a paraphrase not word for word.

Look at your SMR's if you have any medical conditions that are caused or worsened by sleep apnea (google it, lots of information on the web). Spend the money for an IMO and get medical evidence in the record. Buddy statements are helpfull but the farther away from ETS you get the less impact they have.

Best regards,

Thanks for the incredibly helpful post!

Just a few questions as I recently separated from the Navy and plan on submitting a Fully developed claim for apnea:

1) IMO= Independent Medical Opinion? If I had my internal medicine doc review my service records and fill out a Disability benefits Questionnaire (DBQ) for apnea, is that sufficient or should I have a certified sleep specialist do so? Do I need him to write out specifically that "sleep apnea more likely than not started" while i was in service?

Background: Diagnosed with Sleep Apnea while Active-duty serving overseas at USFK. The sleep study dr. on base had me referred me for an actual sleep study at Samsung Medical Center which diagnosed me with "mild to moderate OSAS" requiring CPAP, in addition to a deviated septum. I received my CPAP a few weeks later but also underwent U-3P Surgery and corrected my deviated septum.

2) Before I submit my claim, should I have another sleep study done privately to show that I still struggle with it? Or is this a waste of my time/money? I've looked into getting a sleep study done at home as well, to save on $ as I don't currently have medical insurance. However, if it will help me get my claim approved, I'm willing to use some of my savings for a private in-clinic or in-home sleep study.

3) After I submit my documentation, will the VA have me do another sleep study? (If so, I may not need to pay for one)

4) Do I need to bring in my CPAP/CPAP card during the VA appointment? I currently still have and use my CPAP (life-saver), but I no longer have my CPAP card as the on-base sleep doctor was reviewing it, and never got it back to me before I PCS'ed back to CONUS.

5) Will the VA care that my base doc referred me to get my sleep study done at a private hospital? (they apparently didn't do them on yongsan)

Please let me know any insights or advice you have! I'm definitely lucky I found this exceptional community.

-FNG

[71M10]

If you were diagnosed and issued a CPAP while on active duty. File the claim indicate the duty station, date of diagnosis, date of CPAP issue and medical professional involved in the medical decisions. As long as it is in your service medical records you should be service connected. The biggest issue will probably be the wait for a decision.

If you are currently using a CPAP an additional medical appointment should not be necessary. Are you enrolled in VA medical Care? Last I knew three years of medical care is provided regardless of rating/income. If you are in the VA system they should have sleep apnea in your record as a current condition and be providing a Cpap machine,

If VA thinks it is necessary to do a study they will schedule one.

When I took a CPAP card to my SLeep Apnea C&P the doctor didn't want to review the data, but that was probably because she was an alergest and wasn't qualified to actually review my condition.

If you have in-service diagnosis and was issued a cpap you should be fine, unless your SMR's indicate the Deviated Septum surgery resolved your sleep apnea.

Best regards,

[Pete53]

For some reason the VA seems to be willing to look at buddy statements to symptoms and allow it. Like mentioned before a Sleep Specialist could also help