aplcr0331

Obstructive Sleep Apnea

My appeal to have my OSA service connected rating back dated to my original claim was completed in December. I've waited for the letter, but nothing. Just today I noticed that my effective date for the service connection on the OSA has actually been changed to 2004. I'm still waiting for the letter, but does that mean I'll receive back pay? I filed my initial claim two months after leaving active duty in 2004. The VA denied service connection because they did not have all of the information. I re-submitted for the OSA service connection, which they agreed was service connected but the effective date was 2014. I filed the appeal/NOD back in 2015 and it just now finished. Old effective date was 2014. New effective date is 2004. Will I get retro pay?

Convo was as some on here stated. Just asking about OSA previous instances where it was diagnosed, current diagnoses, etc. The thing that I'm not getting is that I was first diagnosed while on Active Duty back in 2004. The doctor at the time said my results were "mixed". His suggestions were; Sew a tennis ball into a shirt so that it forces me to sleep on my side and get Septoplasty. After my surgery I got off of active duty so was unable to have a follow up Sleep Study performed. When I filed my claim in 2004 the VA did not order another sleep study in all of the C&P exams. My current Doc filled out the DBQ on OSA and I've sent that in. I'm just waiting for some resolution. Like all of you are on your claims... Thanks, C

I have a phone consult with VA doc next week. I have a claim opened (re-open for OSA) right now and they are calling about that. I was sleep tested in 2004. The results were mixed (original claim was denied because it was not a definitive diagnosis) so that claim was denied. Instead of giving me the definte diagnosis of OSA they had me get a Septoplasty in 2004 after the sleep study. Which I completed while still on active duty. I left active duty shortly thereafter and did not get another Sleep Study done, nor was an additional Sleep Study ordered when I filed my intitial claim back in 2004. I continued to have sleep problems until August of 2013 when I went in for another Sleep Study. I was diagnosed with Severe OSA at that time and re-opened my claim for OSA since I believe that I've had OSA the entire time and that it should be granted Service Connection. What should I tell them? How will they determine if it is SC or not? Has anyone done a phone consult like this before? Thanks! C

I filed a claim with them in August 2013 for increases in Bilateral Knees, Increase in Depression (Secondary) to Sleep Apnea, and Re-Open Sleep Apnea FDC claim. I was recently notified that my Knee increase was denied, my Depression was increased from 0% to 10%, and that my Sleep Apnea was deferred. The Seattle Office does not seem to have a lot of my medical records, especially the ones pertaining to my Sleep Apnea diagnosis while I was on active duty. Despite repeated uploads through eBenefits and repeated mailing of hard copies they are making decisions without having all of the evidence. Kind of frustrating, I'm not sure my time frame is that bad...seems OK based on a lot of stories I read around here. I only deal with them through eBenefits and the Postal Service I've never called. Don't want to. Good luck!

Thanks so much for all of the advice, I'll try and give a timeline and hopefully it will help to clear things up. Filed initial claim in 2004 after active duty in the Marine Corps. File for Bilateral Knees, Tinnitus (I was a machinegunner), Sleep Apnea, and Depression. Was given 10% for each knee, 0% for depression, and denied for Sleep Apnea and Hearing so total of 20%. While on active duty in the Marine Corps I was diagnosed with Sleep Apnea, and was told by the Doctor that my septum was deviated. While on active duty I had a septoplasty. Right after that I got out of the Marines. I did not do another sleep study and when I did all of my C&P exams I did not have another sleep study done at that time. Fast forward to 2013, and I got into another wreck from falling asleep while driving, but this time it onvolved another party (they were not hurt thankfully) and I went in for another sleep study (I had been falling asleep at work as well). Of course the Sleep Apnea was there, I had very high AHI number. So, for the claim I opened in 2013, my contentions were. Bilateral Knee increase, Depression secondary to OSA, and Sleep Apnea re-opened. I was denied on the Knees, but kept same 10% rating, I was given an increase on the depression from 0% up to 10%, and the OSA was deferred waiting on medical opinion. I hope that makes sense?

I see an MD at the Pulmanory Critical Care center here in town. I do not have a copy of the original sleep study from 2004 but I have a copy of the sleep study from 2013. Should I have the Dr. fill out a DBQ? Or would a letter with his opinion that I've had OSA this entire time (diagnosed while on active duty) be suffucient?

No, I was denied Sleep Apnea on my initial claim back in 2005. In 2013 I had another sleep study done and was again diagnosed with OSA. That's when I filed for the OSA again. And then also filed for an increase in the Depression secondary to the OSA.

My claim for depression was as a secondary condition to my Sleep Apnea. I was awarded 0% service connected for depression on my first claim back in 2005 but denied for Sleep Apnea at that time. I re-opened the Sleep Apnea claim back in 2013 and claimed depression as secondary to OSA. I was awarded an increase in my depression from 0% to 10% on my claim from 2013. The OSA was deferred at this time. I will go back to my Doctor and see if I can get a letter from him. Would a DBQ form from that VA work in this instance?

Got the BBE yesterday. I was granted increase from 0%-10% for my Depression bringing me up to a total of 30%. My knee ratings stayed the same, 10% each. Sleep Apnea was deferred however and the reason given was "medical opinion". So good news and some "meh" news I suppose. I'm not sure what to do now on the OSA, should I contact my Droctor and have him write a DBQ? Will the VA schedule a C&P appointment for more information? Not sure how to proceed.

I am being seen by my family physician (who had me do this second sleep study this year) and a Pulminary Specialist for the OSA. Should I have the family physician or the specialist give the opinion? Do i take them a DBQ to fill out? I'm requesting copies of my health record from the VA so I can see what the wording was in the original sleep study that I had while on active duty. Thanks, Cory

Here is the reasoning on why my original (in 2004) claim for Sleep Apnea was denied: "In February of 2004, while on active duty, you underwent a sleep study at Medical Center. The results of this study were mixed in that the examiner opined that the study findings were consistent with a OSA which is primarily related to simultaneous REM and supine sleep but otherwise you had minimal disease. The examiner was unable to ascertain if you were able to maintain lateral sleep if the symptons were reduced. The examiner recommended that you be further evaluated and that muscle training and weight loss would resolved the problem. Your service medical records show that in June of 2004 you underwent surgery for a septal deviation. There is no further evidence of complaints of, or treatment for, sleep apnea. On January 28 2005 VA sent you a letter inviting you to submit any evidence you may have that this disability is currently diagnosed and that it began in, or was caused by your military service. As of this date we have received no such evidence with repsect to this claimed disability. At the time of your VA examination you reported surgery gave partial improvement. There has been no functional impairment and no time lost from work due to this problem. The examiners assessment was sleep apnea based on subjective complaints with no objective findings on examination. "A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for suspected sleep apnea, there was no firm diagnosis, and no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, a service connections for Sleep Apnea is denied. There is no evidence in your private medical records which is at variance with this evaluation."

Thanks everyone. Yes I had a recent Sleep Study done by my civilian provider. I had been falling asleep at work and I actually fell alseep driving and went off the side of the road. My wife freaked out about the accident and made me go to the Doc. After the sleep study done this year is when I got the CPAP. I'll have to dig up my medical records from the surgery back in 04 and present those to my current civilian doctor to see if he can write something up linking the two sleep studies. Should I have my civilian doc do a DBQ for sleep apnea? Cory

I guess I did drop the ball. I figured a Doctor telling me surgery would work for the SA would be ok advice to follow. It's an interesting situation to be in. Thanks for the reply. C

My original claim was filed in 2004 after active duty. I had a sleep study done in 2004. Doc said I needed rhinoplasty. Had surgery in 2004 and then never had another sleep study done. VA denied SA claim saying that I did not have sleep apnea (is this because I was not wearing a mask?). Now this year sleep apnea is worsened (I'm not sure it every went away) and I have to wear maske. Can I refile for service connection for sleep apnea? Another issue is that I'm in the Air Guard and they are putting me through DES for non-duty disability. They are claiming my OSA and depression are grounds for administrative separation. Not sure even where to start.