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

C&P Results - service connection??

Rate this question


Abyss

Question

After the Ebenefits maintenance last night my claim jumped from Gathering of Information to Preparation for Decision. Am rather nervous.

I had a C&P with the same doctor for like 6 different things. I pulled the results from release of information. For the most part I agree with what the doctor said (although him saying I don't have chronic fatigue is ludicrous, when he mentions chronic fatigue on other sections of the C&P) however I have a concern.

All these conditions are claimed secondary to PTSD. During the exam the doctor said that my conditions are most likely due to stress (yeah I agree) but in the write-ups it does not appear he has said anything regarding service connection? Even on the apnea one, all it says is that he verified that I have apnea w/ prescribed CPAP by reading my VA notes from when I had a sleep study but it doesn't look like he says anything about whether in his medical opinion there is a nexus.

Being denied apnea in particular would really upset me because I have never even seen a sleep doctor to discuss the nexus even with having a sleep study and this being my second claim of apnea secondary to a MH condition. I don't want a rater to deny based on lack of evidence when it's really not due to lack of trying unless I need to hire a private doctor out of pocket for all these conditions to specifically write a nexus letter.

Thanks for any help.

Link to comment
Share on other sites

Recommended Posts

  • 0

Welcome to Hadit!

As far as your C&P exams, we can't really comment based on the fact that we don't have any C&P exams to review.  Secondly, all you can do at this point is wait and see what the outcome of the claims are.  I can say that from seeing a lot of Vet's filing for SA claims, a lot are denied.  SA is very hard to S/C unless you have in-service records indicating you had SA issues.  Just having sleep issues isn't a SA S/C claim.

Are you currently S/C for PTSD?  What claims did you file for?

Link to comment
Share on other sites

  • 0

Thank you for the reply. How often do you see SA claims being awarded secondary to PTSD and/or the medication prescribed for PTSD?

Yes I am currently 70% S/C for PTSD. I filed for IBS, esophageal, nausea, migraines, chronic fatigue, and sleep apnea, all secondary to PTSD.

Link to comment
Share on other sites

  • 0

SA is very hard to SC SECONDARY. Not saying it can't happen but it's tough. You need to have direct proof that the PTSD is the cause of SA  Most denials for SA is because the Vet doesn't have the connection or nexus.  Do you have a doctor stating your SA is a direct result of your PTSD?

You claiming all six contentions are secondary to your PTSD.   Are you saying its medicine related from your PTSD that resulted in the claims for the secondary issues?  Trying to understand how you are claiming all of the contentions are a result of your PTSD?

Link to comment
Share on other sites

  • 0

Thank you again for the reply. It's a combination of secondary to both the condition itself as well as the medication. I was hospitalized for almost a month a couple years ago and there was absolutely no apnea present. Then I start on medication and immediately I develop apnea where a roommate had to tell me to go get a sleep study because my fits at night were freaking him out. Correlation does not imply causation but really if my meds did not prompt the apnea (ones which are known for doing so) then what did? 

The nexus might be an issue since apparently doctors don't automatically consider nexus when they see you during C&P exams or even during the diagnosis?

Do you recommend I just wait until the decision is made and at that point go try to collect nexus letters and submit them with my appeal for conditions which were not considered service connected?

Link to comment
Share on other sites

  • 0

 

3 hours ago, Abyss said:

Thank you for the reply. How often do you see SA claims being awarded secondary to PTSD and/or the medication prescribed for PTSD?

Yes I am currently 70% S/C for PTSD. I filed for IBS, esophageal, nausea, migraines, chronic fatigue, and sleep apnea, all secondary to PTSD.

You said that you have six claims in for secondary to PTSD but all you are focusing on is the SA.  SA can come from many things but it doesn't necessarily mean it was due to your S/C PTSD.  I am still trying to "wrap my head around" how you are thinking all six of those contentions are secondary to PTSD? What is your reasoning for filing secondary to PTSD for all of those contentions?

Remember, there can be multiple MH diagnoses BUT only one primary.  Unless you have another MH issue like I do, an Eating Disorder, then you can have separate MH ratings.  I have PTSD/MST for one rating and I have my ED rating which is a separate rating.

I would just wait for your decision letter at this point and then go from there.

Link to comment
Share on other sites

  • 0

I agree with Navy4Life and could not find any SA claim at the BVA as secondary to PTSD.

Secondary claims almost always need strong medical evidence,often in the form of an Independent Medical Opinion.

What medication are you on that you feel might have caused the sleep apnea?

With 70% now I assume you were employed at time of this rating. Are you still employed?

 

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