Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Denied Sleep Apnea in two days

Rate this question


willidx4

Question

My sleep Apnea/secondary to ptsd claim was opened and closed in less than two todays. From what I can gather the VA used the ACE process (I never had a c&p) The doctor used a sleep study conducted in 2012 to make a determination for a claim filed in Dec 2015. I also noted some statements in the DBQ that are not factual such as Im not on any sleep meds (I have been since 2010 provided by the VA) The Doctor also mentioned I don't take meds for ptsd which is not the case I have since 2005. The Doctor also stated the sleep study mentioned that I have a large when in fact the study makes no mention of my next size at all. I should mention the claim was combined with an ED claim which was decided in my favor. I just find it hard to believe the VA gave the sleep Apnea a good look considering they decided the claim faster than I can get my shirts dry cleaned.

 

Link to comment
Share on other sites

Recommended Posts

  • 0

JCOX129 said her Denial for PTSD was on E-Ben the week after her 12/17/15 C&P. I stand corrected, the VA is moving at Warp speed, or is it just years end and their trying to up the claims completion numbers; for year end bonus's.

What's 2 months, as far as Retro? I'd have to advise a Vet to wait until Jan 1, based on your's and Jcox's results.

Welcome to the Land of NOD. Expect a Birthday or 2+ before your Hearing, DRO or BVA.

Semper Fi

Link to comment
Share on other sites

  • 0

You have to decide if the evidence you have currently is worth appealing for and then you are looking at a long wait for a decision. The other route is to let this go gather new evidence and resubmit the claim.

Link to comment
Share on other sites

  • 0

I would have to disagree with the wait and wonder approach. Position in wait-line for a DRO or BVA Hearing is NOD file date sensitive. With a DRO Hearing, you'll have plenty of time to get your New & Material Evidence (which is mandatory for a DRO Review or Hearing) accumulated and submitted to the VA. VA receipt of N & M Evidence could (required by VA Reg) trigger an automatic review, by a Sr Rater or actual DRO of your Denied Decision long before your actual DRO or BVA Heaing date.

SA claims secondary to PTSD are very difficult to prosecute, the actual Denial Letter should give you an idea of what you need regarding N & M Evidence to support your claim. A Sleep Dr's written opinion or DBQ linking (Nexus) your SA to your long standing PTSD would help seal the deal.

Your 60%, so I'm sure you'd rather have the 80% that a SA SC of 50% would get you, sooner rather than later. Have your NOD Locked & Cocked, ready to file, after you receive the Official Denial Letter.

Semper Fi

Link to comment
Share on other sites

  • 0

Thanks Gastone that sounds like good solid advice. I checked myhealthyvet and the doctors notes were posted. It appears the Doctor based her findings on a few medical studies. I attached the doctors reason for her decesion 

 

TYPE OF MEDICAL OPINION PROVIDED.docx

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

http://www.hadit.com/

Click on this link   Read What Attorney Chris Attig says about S.A.

 

..............Buck

Edited by Buck52
Link to comment
Share on other sites

  • 0

Here's a December 2014 study from the Journal of Sleep Medicine with VA centers showing there are higher rates (over 60%)  of OSA in Vets with PTSD symptoms. Obstructive Sleep Apnea and PTSD Stress Disorder among OEF/OIF/OND Veterans. It mentions a connection (nexus??) from "lack of sufficient sleep" during combat operations as a contributing factor in developing Sleep Apnea. Note to stay clear of the risk factors in the study

This is a bit more recent study than the one the VA used to deny JCOX129's claim. T

 

Journal of Clinical Sleep Medicine, Vol. 11, No. 5, 2015

 

 

 

Sleep Apnea Connected to PTSD.pdf

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use