ptsd C&P Results - service connection??

[Abyss]

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.

[Buck52]

Ms Berta & Navy4life   check this post out

On 5/17/2016 at 8:31 AM, Buck52 said:

''Aggravated'' being the key word.

Some Dr's will not say  sleep apnea is cause from a certain secondary  but they can say it is aggrevated by it.

 

Here is what I put on my VA FORM 21-4138 when I filed my Sleep Apnea claim on 27 JUL 2015:

I am claiming Sleep Apnea as a service connected condition secondary to my service connected PTSD (30 AUG 2010, 50% Rating).

I submit for considerations three studies conducted at Brook Army Medical Center, Walter Reed Medical Center, and a report from the American Academy of Sleep Medicine that all not increased rates of Sleep Apnea in veterans with PTSD.

VA Training letter 10-01 clearly states that SLEEP DISTURBANCES are included in Signs and Symptoms as Qualifying Chronic Disabilities for claims based on service in the Gulf War and Southwest Asia.

My civilian physician, Dr. David H. Plump, examined me on 17 JUL 2015 and concluded that my OSA is at least as likely as not AGGRAVATED by my service connected PTSD and that it is at least as likely as not that my service connected PTSD is AGGRAVATED by my diagnosed OSA.

 

Time-Line:

Initial Claim: 27 Jul 2015

C&P by VES: 25 Aug 2015

Decision: 15 Jan 2016

Here is what my decision letter stated:

- Service connection for sleep apnea has been established as related to the service-connected disability of posttraumatic stress disorder.

- A higher evaluation of 100 is not warranted for sleep apnea syndromes unless the evidence shows: Carbon dioxide retention; or Chronic respiratory failure; or, Corpulmonale;,, or Tracheostomy required.

- We have assigned a 50 percent evaluation for your sleep apnea based on: *Requires use of breathing assistance device such as a continuous airway pressure (CPAP) machine.

I think that by claiming AGGRAVATION and not CAUSED BY PTSD, MDD, Chronic Pain, etc.,  is easier to get a non-VA doctor to write a nexus.

Semper Fi -

Edited May 17 by OEF 21B

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[Navy4life]

I agree the word "aggravated" is the key word!