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Please review my C&P Sleep Apnea DBQ

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Leon2015

Question

Hello guys, please let  me know what you think about my Sleep Apnea DBQ, hopefully this is enough to get my service connected? 30% or 50%?

Sleep Apnea
Disability Benefits Questionnaire

Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination

Request?
[X] Yes [ ] No

ACE and Evidence Review
-----------------------
Indicate method used to obtain medical information to complete this

document:
[X] In-person examination

Evidence Review
---------------
Evidence reviewed (check all that apply):

[X] VA e-folder (VBMS or Virtual VA) [X] CPRS

1. Diagnosis
------------
Does the Veteran have or has he/she ever had sleep apnea? [X] Yes [ ] No

[X] Obstructive
ICD code: G47.33 Date of diagnosis: 03/24/2014

2. Medical history
------------------
a. Describe the history (including onset and course) of the Veteran's sleep disorder condition (brief summary): The veteran is claiming a service connection for obstructive sleep apnea (OSA). The veteran was first diagnosed with mild OSA in March, 2014 after completing a home sleep study while he was residing in CA. He reports using CPAP since being diagnosed and was seen 02/02/2017 by a physician from the Pulmonary & Sleep Specialists 

Please note, the veteran brought a copy of this Office Consultation Note to this C&P appointment/examination; I requested that he submit this to the RO. As per the 02/02/2017 Office Consultation Note, and by the veteran's own self report he continues to experience the following symptoms: morning headaches, excessive daytime sleepiness, weight gain that he attributes to the medications he is prescribed and taking for PTSD and depression. Other symptoms that the veteran endorses and that are not listed on the 02/02/2017 Office Consultation Note include: "choking and gasping during sleep, waking up with a dry mouth or sore throat, hoarseness in voice/throat, restless/fitful sleep, insomnia and waking up during the night, going to the bathroom frequently during the night, waking up feeling out of breath". As per this 02/02/2017 physician's note, "His weight gain appears to be worsening his sleep
apnea. He has gained over 20 pounds...IMPRESSION: 1. Obstructive sleep apnea by history, worsening with increasing weight gain, may be related to some of his medications that he is taking for his chest pain. 2. PTSD. 3. Depression. 4. Increased weight."

Of note, the veteran's weight recorded in CPRS 03/17/2014 was 198.6 lbs.

On 03/13/2017, the veteran's weight is recorded as 201.0 lbs.

b. Is continuous medication required for control of a sleep disorder condition?
[X] Yes [ ] No

If yes, list only those medications required for the Veteran's sleep

disorder condition:
Mirtazipine 30 mg qhs for sleep.

c. Does the Veteran require the use of a breathing assistance device? [ ] Yes [X] No

d. Does the Veteran require the use of a continuous positive airway pressure (CPAP) machine?
[X] Yes [ ] No

3. Findings, signs and symptoms
-------------------------------
Does the Veteran currently have any findings, signs or symptoms attributable to sleep apnea?
[X] Yes [ ] No

If yes, check all that apply:
[X] Persistent daytime hypersomnolence

[X] Other, describe: SEE MEDICAL HISTORY

4. Other pertinent physical findings, complications, conditions, signs, symptoms and scars

-----------------------------------------------------------------------
a. Does the Veteran have any other pertinent physical findings,

complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above?
[ ] Yes [X] No

b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis Section above?
[ ] Yes [X] No

c. Comments, if any:
No response provided.

5. Diagnostic testing
---------------------
a. Has a sleep study been performed?

[X] Yes [ ] No

If yes, does the Veteran have documented sleep disorder breathing? [X] Yes [ ] No

Date of sleep study: 03/18/2014

Facility where sleep study performed, if known: San Diego

Results:
Home sleep recording performed using the Carefusion T3 System.

IMPRESSION: Mild obstructive sleep apnea.

b. Are there any other significant diagnostic test findings and/or results? [ ] Yes [X] No

6. Functional impact
--------------------
Does the Veteran's sleep apnea impact his or her ability to work? [ ] Yes [X] No

 

 

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I got my BVA award in a mere 3 or maybe 4 months after their receipt of the remanded claim but that was in 2009 and the backlog has increased significantly since then.

I had gotten two vets BVA decisions by mistake in 2008-2009 and called the BVA and the POAs about them, and when the big brown envelope came again I just threw it on the table, for a few days unopened,thinking it was another BVA  mailing error.It seemed way too soon to be a decision on my BVA case.

I also had jumped the gun, after paying 4 thousand for my IMos andI  had paid for a Cardio forensic IMO-just in case, as soon as I got the PA Bogus C & P crap, and I had to call the IMO firm up right away because the BVA envelope contained my award.Their IMO was not done yet and they refunded me about 900 bucks of the 1400? or so I had paid.

It is very hard to determine how long anything will take these days.

Someone at the BVA told me last year  they don't have any ombudsman anymore-however I think they still do.

I asked the ombudsman how high the stack was and where was my case in it once....but they really couldn't tell me. A remand will usually go faster than a regular BVA claim,in my opinion, beause so many facts have already been established at that point.

BVAOMBUDSMAN@VA.GOV is their email I think.

 

 

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Leon, it appears that you have never actually filed a claim for PTSD, nor have you ever had an actual Rating Department requested PTSD Forensic Exam. If that is the case, from the VA Rating Dept perspective, you don't actually have a PTSD Ratable Claim or Diagnosis.

You'll know soon enough, CAVC seems to be much more punctual (within 6 mos) in rendering their Decisions after receipt of the Remand Results. Have you received a New RO Decision Letter based on the Remand? 

Semper Fi

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