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Sleep Apnea
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Soldier81
My appeal for sleep apnea has a five year old effective date in April. I originally filed for the claim in April 2010. I had a C&P examiner that either doesn't do her job at reading STRs or just had something against my claim which is be. The examiner should do what the law says and her job entails. She stated that there was no mention of my sleep disturbances and excessive snoring or waking up at night having to readjust in order to breath. However after the denial I sent evidence of just that to the BVA. They decided to remand it back to the RO with these instructions
If the September 2010 examiner is available request that the VA examiner offer an addendum opinion regarding the Veterans sleep apnea. If the 2010 examiner is not available schedule the veteran for another examination.
The entire claims file must be reviewed by the examiner in conjunction with the opinion. The examiner should confirm in the examination report that she she has reviewed the folder in conjunction with the examination.
Therefore the examiner should opine as to whether it is at least as likely as not (50 percent chance or higher) that the Veterans sleep apnae had its onset during, or is due to service.
The opinion should specifically address the veterans March 2009 diagnosis of sleep apnea which occurred prior to his weight gain from 207 to 242 pounds.
The opinion should also address the reported instances of snoring and difficulty sleeping contained within the Veterans STRs.
Then readjudicate the issue on appeal. If any of the benefits sought on appeal remain denied furnish the Veteran and his representative with a supplemental statement of the case and afford them the opportunity to respond before the file is returned to the board for further consideration.
Another thing wrong with the C&P examiners opinion was that she tried to make it look like weight gain was at fault for my sleep apnea stating I gained 35 pds from 2008 to 2010 but I weighed 207 pds during my sleep study in 2009. I stand 6 ft 3 inches tall 207 pds is not fat by any means. The remand is in the decision approval status anyone know how long it generally takes to finish up. Straight forward non jealous feed back is much appreciated. If you come off like a jealous jellyfish green with envy then I will just blow you off.
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Soldier81
USMC, I had little knowledge of SA during service all I knew about were my symptoms. My statements should be more than enough for them to play connect the dots. I had my sleep study done after servic
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