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C&P Results - service connection??

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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.

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I just googled instead of using the BVA search and found this award- PTSD as secondary to SA:

http://www.va.gov/vetapp13/Files2/1316035.txt

Then I found this report from Ben Krauses' site.:

http://www.disabledveterans.org/2015/05/21/new-study-links-ptsd-to-sleep-apnea/

It might be the same report mention in the BVA decision...the dates dont match but then again maybe the report was published well after the IMO doc obtained it for the above SA-PTSD veteran.

BVA decisions can show vets what they need to succeed in these types of claims.

 

 

 

 

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Berta;

I see you found where PTSD is secondary to SA but as you stated, I don't know of any cases where SA is secondary to PTSD.  That is an "up hill battle" in my opinion....

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You are absolutely correct Navy4Life.... I went back to re read the award at the BVA and found that the veteran did not have an IMO but had multiple opinions from the VA.

There was a lot to this claim. The BVA revisited a 2007 VHA opinion that had denied the claim, and along with the other significant info, they awarded the claim. It took 6 years from the initial denial.

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Berta;

It's really sad that it takes some Veterans multiple years to be victorious!  I am going on 3-1/2 years from my original claim date regarding contentions.  I can only hope my DRO review hearing was successful.  Here I wait now...5 months and counting for the DRO to make his decision!

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  • HadIt.com Elder

This is sure hard to prove that Sleep Apnea is secondary to PTSD or PTSD is secondary to Sleep Apnea

I can't find a Doc that will state Sleep Apnea COULD BE THE CAUSE OR AGGERVATED BY PTSD.

My VA MH physiatrist says its absolutely  not true or has she ever heard or read it could be  that PTSD is caused for Sleep Apnea  or even aggravated by  even the meds for PTSD.

 

If someone finds a Dr to state other wise  please let me know or let us here on hadit know who this Dr is...There are a handful of us here on hadt with Sleep Apnea and trying to at least get it S.C.

I have it  but don't have a Rasional   to show PTSD is the cause or aggravated by  (sleep apnea/OSA)  even if you don't use the words Sleep Apnea and use the initials of OSA  VA says there meaning is the same.

Looks like to me PTSD aggravated or cause the Sleep Apnea  makes more sense  than sleep apnea cause the PTSD. But I suppose them up there at the BVA knows how to figure all that sh** out.

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Unless you have concrete evidence in your SMR's that you had sleep issues, or SA while in-service, it's next to impossible to get SA S/C.  My boyfriend was diagnosed with SA after he got out but there is no link to his in-service issues.  Sure he has sleep issues like insomnia but it doesn't mean he got SA from in-service.  A lot of Vet's "assume" SA is a result from their military career but in fact SA can be attributed to many different things other than a military service issue.  Some Vet's do get S/C for SA but they have all the i's dotted and all the t's crossed.

You have to have the dots connected to get awarded SA and it's very hard to accomplish....

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