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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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  • HadIt.com Elder

Ms berta

I read your link about Ben Karuses .

New study that says PTSD can be linked to Sleep Apnea, that the new study shows a certain amount of veteran with PTSD shows to have OSA or came down with it during this study.

I remember when the VA diagnose me with DSM-5 PTSD  they sent me to a sleep study to check and see if I had Sleep Apnea..and the results was that I did have S.A.  and then the VA prescribe the C-Pap machine and sent me to an instruction class on how to use the C-Pap to get its fullest results  that could eventually save my life. My PTSD rating is 70%

But that's not enough proof for the VA , they say you need to have medical documentation while in the military or some medical stating that you had OSA Before the PTSD Diagnoses.

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  • HadIt.com Elder

Navy4life

I believe I read here on hadit that a veteran never had any thing about sleep issues or S.A. in any of his STR's or any medical documentation of a sleep disorder while in the military...he got his Sleep Apnea Claim approved  and got a  50% rating...now how he did it I don't know?

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I haven't seen any Vet successfully win SA without prior in service proof. If a Vet has been successful I would love to know as well!  My Boyfriend has been diagnosed just like you and yet he was denied too. He wasn't going to file but his rep told him to. It's such a hard contention to get S/C for. So many other variables out there that can lead to SA issues. I'm just glad he has the CPAP because it sure does help him. I also don't see every issue I've suffered with being S/C but some Vets see it differently. If the contention is truly the result of in service or secondary to a contention it should be S/C. 

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I went back  to the BVA and used OSA instead of sleep apnea and found this case:

In Part: 

"As to a relationship between the Veteran's OSA and service-connected PTSD, in August 2008 Hassan Jabbour, M.D., opined that the Veteran's obstructive sleep apnea was related to his PTSD and offered a rationale in support of his conclusion." 

and

 

"Similarly, in August 2010 Edwin W. Hoeper, M.D., reported that he had been treating the Veteran since September 1997 for his PTSD and thereafter opined that the claimant ". . . also has Sleep Apnea whose severity is increased by PTSD."  Likewise, the claimant's treatment records show his PTSD being treated with, among other drugs, Klonopin and Clonazepam and publically available records show that potential side effects from these medications includes difficulty sleeping.  Moreover, while VA obtained opinions in April 2010 and November 2011, neither examiner specifically opined as to whether the Veteran's OSA was related (caused and/or aggravated) by the medication he takes for his service-connected PTSD.  Therefore, the Board finds that the most probative evidence of record shows that the Veteran's OSA is related to his service-connected PTSD.  See Owens v. Brown, 7 Vet. App. 429, 433 (1995) (holding that VA may favor the opinion of one competent medical expert over that of another when decision makers give an adequate statement of reasons and bases)."

 

"ORDER

 

Service connection for OSA is granted."

 

Service connection for sleep apnea is granted."

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1608039.txt

 

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  • HadIt.com Elder

Ms berta Yes  if a veteran can get a rationale like this veteran did  I guess the VA raters go with what the Dr Opined and don't really look at the Medical Reason or the true causes of Sleep Apnea.

I mean if you can get a Qualified Board  Certified Dr in the field of OSA/S.A  to state that his sleep disorder or OSA/S.A.  like this   Edwin W. Hoeper, M.D.,            I guess the raters take there word for it.

My problems is I can't find a OSA Qualified OSA Dr  for an opined his/her rationale that  my sleep apnea is aggravated by   my PTSD

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