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

[71M10]

Pete is correct, both of those (buddy statements and IMO) will help, I did not bring them up because I feel the in service diagnosis and issue of a machine in service pretty much should provide SC and a 50% rating, unless of course the surgery resolved the OSA and/or a doctor took the individual off of the CPAP machine.

Best regards,

[meghp0405]

correct, if you were diagnosed with sleep apnea (by a sleep study, this is the only way it can be diagnosed) while on active duty, you will be fine without the buddy statements. Submit a VA FM 21-526ez (fully developed claim) attach a copy of your sleep study results and send it to the VARO in your state.

I'm surprised your not in the VA health care system. Although those getting out now only receive 180 days of medical care under the Tricare system, if you were enrolled in the VA, they will provide all equipment and supplies for your cpap at no charge to you.

Good luck!

[Slick]

I have an "appeal" pending challenging VA's denial of service connected sleep apnea. I did engage a Doc for an IMO and result was Nexus letter cited studies tieing sleep apnea as secondary to PTSD. Like I said claim pending so......................

Hope this helps

[usn01]

Appreciate the phenomenal support!

Pete is correct, both of those (buddy statements and IMO) will help, I did not bring them up because I feel the in service diagnosis and issue of a machine in service pretty much should provide SC and a 50% rating, unless of course the surgery resolved the OSA and/or a doctor took the individual off of the CPAP machine.

Best regards,

Thanks. I can get a buddy/wife statement, but the DBQ filled out by the internal medicine doc should help yes? Although he didn't write a line like "more likely than not caused by..." in the remarks section, which I've since read on various forums that we need to do so? Should I go back and have him include it?

The surgery for the deviated septum and U3P didn't resolve the OSA, and my separation physical shows that I was diagnosed with OSA.

correct, if you were diagnosed with sleep apnea (by a sleep study, this is the only way it can be diagnosed) while on active duty, you will be fine without the buddy statements. Submit a VA FM 21-526ez (fully developed claim) attach a copy of your sleep study results and send it to the VARO in your state.

I'm surprised your not in the VA health care system. Although those getting out now only receive 180 days of medical care under the Tricare system, if you were enrolled in the VA, they will provide all equipment and supplies for your cpap at no charge to you.

Good luck!

If I submit a fully developed claim, and I'm denied, can I later appeal the decision with additional info/a "new" sleep study? A bit confused, as FDC implies that i have "no other evidence" to submit, so I'm wondering if I should have that additional sleep study done and submitted with this FDC.

I just enrolled in the VA health care system (but should I have been enrolled automatically? I actually ended up missing a lot of the "separation benefits counseling" due to increased optempo right around when I separated). Do I need to contact the VA medical center to get replacement supplies?

Thanks again!