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Sleep Apnea - Appeal or New Claim

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John Royal

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Greetings everyone! 

Seeking advice on how best to proceed with my Sleep Apnea Claim. I retired in 2011 after 21 1/2 years of Naval service and I am currently SC at 40%. I need advice on whether to appeal my Sleep Apnea Denial (VA letter dated 3/9/12) or to file a new claim, since the 1 year to appeal has come and gone. In July of 2012, I received Progress Notes (VISTA Electronic Medical Documentation) that stated a diagnosis of Sleep Apnea diagnosed while on Active Duty with a plan for Sleep Services Consult. I assume the Progress Notes that I have came from my SMR, which I located where it said I had Mild Obstructive Sleep Apnea and it is confirmed from the Sleep Study performed (referred by VA to Civilian Provider) on 1/7/2011. I just had another Sleep Study (referred by VA to Civilian Provider) in April of 2016 and the results are that I have Moderate Obstructive Sleep Apnea and need a CPAP (which the VA will issue - soon I hope, as I have been dealing the effects of OSA for years now). I used eBenefits to get myself to the 40% level and wanted advice on whether I should submit an Appeal or New Claim using eBenefits or via a DAV/American Legion etc. 

 

Very Respectfully,

John Royal "JR" (USN Chief Petty Officer, Retired)

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5 minutes ago, Buck52 said:

John R

I'm not sure what you did here?

 you may want to copy & past the link from your browser  and not the text   to your post

Thanks Buck! I was cutting excerpts from a pdf and that my be part of the issue also. Would you be willing to look at the Word attachment I posted yesterday?

 

JR 

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  • HadIt.com Elder

I'm not sure how to explain it simple?

broncovet is pretty good about computer savvy!

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6 minutes ago, Buck52 said:

I'm not sure how to explain it simple?

broncovet is pretty good about computer savvy!

Copy! Are you able/willing to look at my Word document and let me know your thoughts?

 

JR

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  • Moderator

There are at least 2 possible reasons why you were denied due to "no diagnosed disability" (sleep apnea):

1.  The VA did not have some/all of your records.  (likely)

2.  The VA had the records, but did not read your evidence.  (also likely). 

 

You should resubmit your evidence and file a NOD.  Welcome to VA.  This is what they do, most of us have had something similar.  Its called "bogus denials".  

You need to order a copy of your cfile to see whether its number one, or number 2.  It sounds like you have your records, so that is in your favor.  

VA loves to shred favorable evidence, and sometimes puts it in another Vets file.  Anything to delay or deny.  Saves money as many Vets give up, and dont appeal. 

 

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Why are you waiting on the CPAP to be issued. I don't think that's going to change anything when you do the C&P. C&P's are all about documentation. 9 out of 10 C&P Doc will not ask for your CPAP Machine . You do what's right for you. I think as far as the documentation for proof is concern as long as you have SC documentation that could documents of a visit to troop clinic recommending you see a sleep spec or you seeing your private doc while in service. The MOST important thing to make a smooth claim for SA is troop medical records. Anything other than that is a up hill battle. Trust me, I've been going up a hill since 2011 but I think I got a connect. I got my VA C&P to say more than likely not SA but  insomnia. My NURO doc is treating me for insomnia and has been for the past two years. Insomnia equals sleep disturbance and sleep disturbance equals GW unexplained illness. IT'S CLAIM TIME babe....yyyyyelp...yelp...yelp..

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