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    • One of 11 Items remanded to AMC
      I assume you are seeking SMC? If you give us the remand Docket number, it might be posted at the BVA site and maybe we could help understand this more.
    • Finally got my 100% for Malignant melanoma
      This is Great and John Dorle is fabulous!
    • DRO hearing
      "Am I correct to say they are just trying to low ball me severely knowing it would put me over the SMC and P&T threshold?" I would assume you are Correct. I had a hell of a fight over an obvious legal error regarding SMC. They even tried to get me to accept a regulation they made up. It didn't work. But the battle took over 6 years because they are illiterate. I had a P & T issue as well but had significant evidence for that award.Did Dr Bash state any rationale in the IMO that should have warranted P & T for the 100%?   "On the original decision the RO stated it was not diagnosed. This is wrong because they had in their hands Dr. Bash's IMO which showed the diagnosis then in 2013 whenever the VA Surgeon finally diagnosed it they still are denying me but the only reason they gave so far that it was not diagnosed." Since they had the IMO in their possession,that definitely appears to be a CUE under 38 CFR 4.6. Can you scan and attach here the reasons and Bases and Evidence list of the decision that prompted the denial?(Cover C file # prior to scanning)          
    • Raynaud's / Cold Injury Claim. Need Help
      For the recent poster: This is one of 1772 decisions at the BVA regarding service in Korea and Frostbite Some of this vet's STRs were missing but the remand shows what the VA is seeking, as to his treatment records: http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1603109.txt Broncovet is right -maybe a mod here can move your questions into a new topic. Since most of the burned St Louis fire records involved USAF vets, the VA often sees USAF and goes no further than that to state the records were burned. They will need all of your treatment records for this condition.  
    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      That's what I would call an informative post. After you get the Official Award Letter, listing all the Evidence Reviewed, decide when the evidence supporting the increases was actually in your VMC records. As it stands now, looks like your Retro pay will be back to the 05/15 Effective Date. If your VMC Med Recds indicate an earlier date, get with a Seasoned VSO Rep at your RO and discuss an Immediate Official Review for CUE on the EED. May or may not work. You will still have till 02/01/2017 to file your NOD if needed but give the Review for CUE a couple months, can't really hurt. Using only the NOD, Filed Today, you'd be lucky to have a DRO Review Decision before early 2018, DRO Hearing 3+ yrs and BVA 4+. Use your above Award Letter to sign up for VMC Dental services at your 1st opportunity. If your State offers a 100% DAV Property Tax Exemption, file for it. There's another Letter on your E-Ben account that just says your 100%, without the breakdown of conditions. That letter will be sufficient for the State Property Tax Exemption. Last but not least, get your DOD ID Card from a nearby Military base. Apply for the FREE $10K VA Life Insurance policy and complete the application for your Wife's CHAMPVA. Wouldn't hurt to apply for the VA Independent Living Program, some great benefits are available, check it out. Semper Fi
    • Sleep Apnea Claim
      VA is reluctant to award Sleep apnea claims.  There are 2 keys, as I see it, to winning sleep apnea claims. 1.  Make sure you have all of the big 3.   Check your records, dont rely upon your memory of what happened, as doctors may have written down something different than what you think or may have not written anything at all, or your records could be missing, or shredded.  Big 3:  Current diagnosis of sleep apnea,  in service event or aggravation, and nexus or link between the previous 2.   2.  Be ready to appeal and persist until you win, with the applicable evidence.  This may mean you have to get an IME/IMO if your VA doc wont give you a statement connecting it to service.  It also probably means a long fight.       In my experience, VA will provide a CPAP machine even if your disorder is not service connected.  I got my CPAP at VA, and I have not yet gotten VA to concede that my apnea was secondary to depression, even tho my sleep doc said it was.  That is, I have a nexus, and a bogus denial.  Persistence wins when other stuff does not.  
    • Raynaud's / Cold Injury Claim. Need Help
      Jlirth     Based on what you posted, your decision is bogus.  If your disorder has symptoms of 2 or more diagnosis, then they do need to go with the one that benefits the Veteran the most.  You need to file a NOD disputing the percentage(s) relative to both diagnosis.      As Berta mentioned, "your records were destroyed in the 1972 fire" is often a bald faced lie.  How does VA know whether there was another copy of the records somewhere even if they had a witness who saw your records actually burn (unlikely) ?  Its actually a logic error trying to prove a universal negative.  Its like saying, "I lost my keys and they are nowhere on earth."   This is almost universally not true.  Your keys are SOMEWHERE, even tho you may have gone to great lengths to find them.  Sure, they could be in a landfill or could even have been melted down, but even then they are somewhere, even tho they may not be usefull in their present state.   More likely, your keys, just like your records, are in a place you have not thought of yet, or not searched thoroughly enough, sometimes do to laziness.       This is the first stage of VA's "3 card monte", where they hope you wont appeal.  In my case, they denied because it was "too long" since service.  The time since military service is not one of the criteria for hearing loss.  It was a bogus, made up criteria, by the rater to delay and deny, as is yours.       To overcome this, you need corroborating evidence.  Try to find the files yourself, dont rely on VA in their weak "duty to assist".   Even if you can not find the files, ever, its still possible to get SC.  Alex Graham, for example, suffered a GSW in Vietnam.  However, there apparently was no record he was in Vietnam, at least according to early VA denials.  I think how he proved he was in Vietnam was that he was sent TAD from Nam, if he was sent from Nam, then he had to be in Nam.  Alex can correct me if I had that wrong.  I think it was last year that Alex won benefits back to 1994, which was mucho wampum over a half million.        Many/most of the rest of us here on hadit are in a similar fight to overcome a bogus denial, or, have already done so.  
    • Raynaud's / Cold Injury Claim. Need Help
      Vern     Welcome to hadit.      Please "Start a new topic" and ask your own question in a new post.  This is to prevent the confusion which arises when we dont know if answers pertain to your question or original poster.   You will get more answers than having your question buried in someone elses post.  
    • Raynaud's / Cold Injury Claim. Need Help
      "No records from Korea and my full records were in the fire in 1972" If VA said they were destroyed in the St Louis fire, best to check that your self. Go to www.archives.gov - the NARA site, and fill out an SF 180 and follow their instructions. Keep a copy of the print out thing you need you sign and mail to where they direct you to. I have helped a few vets ,who were told by VA the same thing, to obtain their complete SMRs from NARA. Sometimes VA will state the fire etc etc but never attempt to even try to get the records. They stated this to  one vet I know personally who enlisted AFTER the fire. I assume your DD 214 shows overseas service. In that time period for Korean you can obtain weather reports on line for the day and night temps and hopefully you could narrow that down to exactly where you were at. I did this type of research for a thesis I did for AMU on the weather  at Normandy area , close to and during D Day.I found the actual reports on line independent of what reports Gen. Eisenhower and what Hitler had.Lots of time consuming research but well worth the effort for my grades in school. A good IMO doc needs to follow the IMO criteria here at hadit and also state that no post service experience (like living in Alaska etc) could have caused this disability. Would the doctor who diagnosed this condition you have be willing to do an IMO?          
    • Sleep Apnea Claim
      EODCMC,   Same here, just went to gathering evidence or as we like to call it gathering dust stage!!! First of all, was it a standard claim or a FDC so called fast claim? If it was a FDC (fast claim) then the expected wait time should be posted in the claim application. Probably around 6 months. Either way, this is usually the longest stage of the game, so sit back and relax and find a good hobby that will take your mind off this process. Many a vet including myself have driven themselves crazy by looking at ebenefits every hour expecting it to change. By what you are saying you should have no problem getting your claim approved but, you never know with the VA.  Anyway, Welcome to the HADIT Family!!!!  Spend some time researching stuff here and remember knowledge is power when it comes to the claim game!!!                                                                                    Silver

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KennyJ

Can Sleep Apnea Be Secondary To Depression

12 posts in this topic

I have an 80% overall rating and 70 % for Depression.

I have been diagnosed with Sleep Apnea. Can this be secondary to Depression and is it hard to prove. I have put in for TDIU so should I just wait on filing for Sleep apnea.

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There's a lot of information on the internet that supports depression as a secondary effect of sleep apnea, but I can't find much the other way around. Is it possible you had the apnea before you first realized you suffered from depression?

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If it were me, and it's not, obviously.......I'd go ahead and file for the sleep apnea, so's you can establish the "effective date". Otherwise, you're scruing yerself out of some money.

And, yes, it can be a result of depression.

I suffer from Bi-polar Disorder ( and that could be, BTW, where your "depression" is coming from ) and sometimes I've got what they call "combination", where you will have some of the effects of the mania and some of the effects of the depression. Soooo, I'll be so depressed that I can't sleep, then, when I do manage to fall asleep, the mania kicks in, and, bingo, I'm awake for hours, then the depression flares up and I can't sleep for worrying about ________, and I finally get so exhausted that I fall asleep and the mania kicks in and I'm swinging from the chandelier.................and.......well, you get the picture.

Had a period in my life where I wanted to be "normal", like everybody else.

So, I did some serious "self-medicating". Me and Old Jack, my buddy from Lynchburg, TN, we go to know each other purty good..................

Then I grew up and realized that all you "normal" folks are just as screwed up as me.....sometimes more so.

:)

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There's a lot of information on the internet that supports depression as a secondary effect of sleep apnea, but I can't find much the other way around. Is it possible you had the apnea before you first realized you suffered from depression?

Follow up on this 2003 study:

"Contact: Michelle Brandt

mbrandt@stanford.edu

Stanford University Medical Center

Sleep apnea, depression linked in Stanford study

STANFORD, Calif. - People with depression are five times more likely to have a breathing-related sleep disorder than non-depressed people, according to a study at the Stanford University School of Medicine. The study is the first to show a link between depression and sleep apnea along with its related disorders."

Ralph

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Sleep Apnea can be caused by depression, but in order for the VA to award service-connection, you're going to need your doctor to write an IMO stating your sleep apnea is caused by your depression. The doctor must also give their rational as to why they have come to that conclusion. For the most part VA will not simply award service-connection just because there is medical litrature out there in general that support something.

Vike 17

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Further some of the medications prescribed for depression can cause sleep apnea. I'd get an outside opinion on this one thoigh. The VA would probably be reluctant to admit to it.

Bob Smith

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I'm no expert.... far from one.. but in this case show me...

I just don't see how depression (a mental disorder) causes sleep apnea (a breathing disorder)

I AM NOT SAYING IT DOES NOT ! I just don't see it. I can understand how sleep apnea could cause depression. I think this subject came up before.

I myself have a sleep study coming up because I have asthma with COPD, and don't sleep well. I guess it is time for me to do some serious research. The internet should have some good information. If I find anything that ties sleep apnea as secondary to depression I will post it.

I mentioned the Stanford depression - apnea tie-in earlier in this forum, which is supposedly the first study to show that depression causes 5 times more sleep apnea than normal.

The best way I've found to use these scientific studies is to ask the physician writing the opinion to add the study to his opinion - as in "My opinion is further backed by the XXXXXXXX study published in YYYYYYYY"

This changes the citation from just an internet article into part of a medical opinion. Much stronger.

Ralph

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I have an 80% overall rating and 70 % for Depression.

I have been diagnosed with Sleep Apnea. Can this be secondary to Depression and is it hard to prove. I have put in for TDIU so should I just wait on filing for Sleep apnea.

Kenny,

I see there are posibilities for it being both ways. I would offer though for you to look trough your medical records for any signs of the other symptoms of Sleep Apnea in your Military Medical Record. Some of the symptoms I listed to get service connection were, High Blood Pressure, Acid Reflux, Asthma, and Malaise. The last one was a Dr saying I was just overly tired, had gone to the clinic because I was fatigued. Was kind of pissed off because he made it sound like I was just a lazy S.O.B. Of course now I just love the Ignorant Bast...... Anyway all of these symptoms were a matter of record. Now if you don't have "diagnosed" HBP but can show where there were multiple times where your blood pressure was elevated at the times of appointments you may be able to make the same argument I did which was I had my Dr say I had the symptoms of Sleep Apnea while on Active Duty and that the treatment of my other conditions had masked their seeing it earlier.

Hope it helps.

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I see it the other way round with depression being aggravated by sleep apnea.

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I have an 80% overall rating and 70 % for Depression.

I have been diagnosed with Sleep Apnea. Can this be secondary to Depression and is it hard to prove. I have put in for TDIU so should I just wait on filing for Sleep apnea.

I would wait because they will most likely set your TDIU aside until they complete the new sleep apnea claim.

Cavman

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My current claim for OSA is trying to tie SC to it based upon the fact that I had in service HBP, DMII, Fibro type complaints and a diagnosis of "sleep difficulties". This was in 98 followed in 2000 of my retirement physical complaints of poor sleep which was diagnosised as "possible gulf war syndrom". This was followed in 02 with continued complaints diagnosed by civilain docs as "Poor sleep" and by the VA as insomia. They gave me some nerve pills and told me to make sure I practiced good sleep hygene. In 05 after my stroke the problems became worse so I began complaining again and was told it was probably due to the stroke. finally in Nov of this year civilain docs sent me for a sleep study which provided a diagnosis of moderate to severe sleep apnea and they issued me a CPAP.

Current Tricare doc provided a medical opinion that after a review of my in service medical records and post service records, my continued complaints, my Fibro type symptoms, HBP, DMII and 05 stroke the sleep apnea was more likley than not present at the time of the 98 inservice diagnosis of "sleep difficulities". He provided that his opinion was based upon his intermittent care of me in service and constant care after retirement and current accepted medical opinion that HBP, DMII and fibro type symptoms had a definite medical link. He quoted a couple of medical studies indicating this.

Should be a slam dunk but we know the VA. I will probably still be fighting the issue five years from now. In my research I found a ton of information on the net that provided that sleep apnea was a major risk factor for all of the above. However, I only found a couple of articles in which the opinion was that some of the above caused sleep apnea. There are a couple of studies conduted by VA docs which link them. I saw one or two that stated there had been cases where sleep apnea had been misdaignosed as fibro due to the complaints of muscle and joint aches/pain - you know that ole feeling like you have been run over by a mack truck the night before. It said such symptoms came from the continued wakening of the sleep apnea.

So as one post indicated below if a search of your medical records provide complaints of muscle aches, tiredness etc.... it might be better to attempt to SC it as the apnea being a cause of the depression vs depression causing the sleep apnea. However on the other hand, if these type symptoms came after the depression and are documented then you might have a chance if you can get a good IMO providing that these type symptoms are those of sleep apnea.

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Sleep apnea can be caused by fibro, as fibro now has been shown to be a disorder of the Central Nervous

System. [Many va docs do not know of this research as they do not keep up on the latest research]

If you have fibro you need to get a DX of fibro.

I will bet that your fibro did not get better after you started using the c-pap.

By nerve pills do you mean anti depressants. anti depressants seldom work for fibro.

On being depressed, Do you feel that you are depressed or is this something that the doctors told you.

many of the symptoms of depression and fibro overlap, But having fibro does not mean that you have depression.

My fibro started in 2002. Was DXed with castleman's diease in 2003. [a very rare autoimmune disorder]

that i believe triggered the fibro. DXed with sleep apnea in 2005. heart attack and bypass surgery in 2006.

I filed for service connected disability based on the fibro and castleman's being caused by my use of trichoroethylene cleaning solvent in the navy in the 70s. I also claim that the sleep apnea was due to the fibro.the fibro triggered by the castleman's disease. the heart attack due to the sleep apnea.

I have been researching it all on the Internet and have about 1500 pages of the latest research studies that link it all together.

GARY J US NAVY 1970-74

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