How to go about requesting an disability increase due to sleep apnea

[usocazy]

Hi - I'm currently sitting at 90% SC disability with 50% for sleep apnea. My Apnea Hypopnea Index (AHI) score was 25 events/hour when I was awarded the 50% SC for sleep apnea (about 4 years ago) - I've been on a CPAP machine ever since.

I haven't been able to sleep consistently for the past 6-7 months so I went in for a 5 year follow up sleep study that showed my Apnea Hypopnea Index (AHI) score had increased to 62.3 events/hour - even while using the prescribed CPAP machine. I'm going back in this weekend to get the air level modified/increased by the sleep center that conducted the sleep study.

Question: Is the AHI increase sufficient enough to put in for an increase SC disability rating for sleep apnea?

[usocazy]

On 1/6/2017 at 8:59 AM, Gastone said:

Have you researched the SA 100% Rating "ORs?" If not, do that 1st, there is no Award between 50 or 100%.

You referenced your SA problems regarding awakenings, I didn't see any mention regarding P02 levels. Is there any indication in any of your SA treatment Notes or actual SA DX of you P02 falling below 90%?

Sleep P02 recordings below 90, will usually require the use of supplemental 02 while on Cpap or Bipap. That DX, would be New & Material Evidence supporting a chronic respiratory Failure SA Increase to 100%. Worked for me, this past 12/15.

Semper Fi

Gastone- so are you saying that the only way to increase SA ratings is to also have O2 problems annotated?

[Gastone]

No, not at all. When you read the SA 100% SC Rating Criteria, you'll note there's 3 or 4 things listed, that if "Anyone of them" is part of your DX, you qualify for either an initial 100% Rating or an Increase to 100% SA SC.

The thing to remember, the listed conditions are "OR's," only (1) has to be DX'd, not all of them.

As to the Night-time use of 02. The BVA has held that regardless of full or part-time (night) need of supplemental 02, the DX is evidence of Chronic Respiratory Failure.

Semper Fi

[Andyman73]

Gastone,

Okay, thanks.  I was quite curious to know about secondary to secondary SC links and such.  I am currently in the middle of a claim for my hip and SI joints where the hip ROM would be secondary to the SI joint/crest issues which may be secondary to low back, or primary due to same fall that caused the back problems.  All depends on how the rater chooses to define the regs and my medical evidence.

But with my SA, it may be secondary to sinus issues, and then possible hp secondary to the SA. 

Oh, Hey, how would short term memory loss play into SA?

Semper Fi

ps, USOCAZY, love your avatar choice!!!

[Gastone]

Andy, little or no sleep due to SA or any other reason, over a period of time will Frack up a host of Mental and Physical issues. Short term memory is definitely one of them.

Looking back, my MSA DX 2010, was preceded by about (2) years of being a cast member of the "Walking Dead." My non VA PCP said I just needed to exercise more and gave me weekly B12 shots. My memory was shot, I had daytime somnolence, no energy, tired all the time.

2010, new Private PCP (Insurance issues) picked up on my SA Symptoms right away, when I asked for a B12 Shot. 4 weeks later, I had a Severe MSA DX and was on Bipap with 02. That young female Dr saved my life, just from (1) office visit.

Semper Fi

[Andyman73]

Gastone,(French?)I started getting "corrected/re-educated" by my 2nd year in.  At that point I was already breathing generous amounts of KC-130 exhaust and fuel fumes, on top of the daily stress of being a young Marine.  I wasn't into gaming or partying, so staying up too late wasn't common for me. But none-the-less, my short term memory was starting to play tricks on me. I can't count how many times I was verbally "counseled" for forgetting something, and never having any excuse(like going out drinking or skirt chasing). Worse yet was having no alibi either, since my first several roommates had friends that didn't include me.  So they were usually not there to corroborate my story of just hanging out in my room at the barracks.

And it slowly got worse from there. I was tested by the neuro-psychological department at my VAMC, at the behest of my VA MH therapist, and was found to have significant short term memory loss.  On one of the tests I scored a 4%. And when I had told the one dr that I had O2 levels in the mid 70s during an overnight sleep study, the expression on her face was pure shock/amazement.

I just love being me.  AFU and little hope of getting that reduced to partially FU!

Semper Fi