thedeuce222

Im assuming 50%?

Just got home and read your replies. Firstly, I want to thank you all for your responses especially @broncovet and @Gastone for reaching out to me personally. I appreciate you taking the timeout of your day to address my question. Prior to filing I contacted a handful of VSO's in my area and they either responded with a rushed message that had nothing to do with my concerns or didn't return phone calls or emails. I have reached out to our Veteran Resource Center at my school in hopes of additional guidance coupled with your advice. I'm currently enrolled in college and finishing my degree which has been a struggle due to a piss poor memory. Ever since I got the cpap machine it has seem to be a bit better which I don't understand.. @broncovet I never thought about looking to see if i was low balled for any other claims. Common sense says I should have but I've been so damn busy with school and trying to stay afloat while The managing this shit lol. The fear of not being able to work haunts me to be honest and I would lose my mind if I wasn't able to. Once the denial letter arrives I will post a redacted copy of it for ya'll. It just seems odd that my claim was opened and closed within 20 days. Honestly felt like I had a sound argument but apparently I did not. I've submitted the documentation needed a few months ago to VARMC to get my medical records and they told me it can take anywhere from 6 months to a year to get them which seems bogus. I have years of therapy and treatment sitting in those files and I know they would have to be of some use in regards to my claim. Again, thank you for your advice. It really means a lot to me! Claim Submitted: 05/10/2017 C&P: 05/23/2017 Claim Closed: 05/30/2017

Case was closed today and it looks like I was denied. Where do I go from here? Should I seek legal representation from an attorney or a VSO as well as get an IMO letter?

Looking to get some advice on my current situation and the outcome of my C&P exam. I was seeking to do this claim by myself for sleep apnea as secondary to ptsd but it appears I will most likely fall short. Finding individuals who are well versed on the inner workings of the VA and claim process has been relatively hard for me. Im not sure where to go or what to do so I will give yall a brief rundown to help clarify my situtation. I was medically discharged on June 6 2014 for Chronic PTSD with depressed mood and sleep impairment as well as TBI. I was put on TDRL until 02/23/2016 when I was approved for PDRL. In addition to PDRL I was approved and appointed a caregiver through the VA's program. The VA rated me at 50% for PTSD and 40% for TBI along with 20% for back and 10% for degenerative joint disease. Prior to discharge I was put through the ringer with therapists, psych doctors, two ptsd rehab programs. One rehab program lasted a couple months and the other was a couple weeks. Everytime I would bring up any sleep issues I had they were quick to associate it with PTSD and throw more pills at me. Since discharge my nightmares have increased coupled with waking up choking nad gasping for air. According to my caregiver there has been numerous occassions where I will wake up screaming ripping shit off the walks and trying to low crawl out the door as im gasping. I usually have no recollection of the events until she informs me the next day but I do remember the nightmares. My memory seems to be getting worse and worse each day and I always brought it up to the VA as well as the social workers that call. I'm assuming this may be associated with sleep apnea since i stop breathing 15 times an hour. Finally after a meeting with the caregivers nurses and my assigned caregiver they determined that I most likely suffer from sleep apnea and put me in for a referall. Dec 2016 I was put in for a sleep study and by january the study was done stating I had moderate sleep apnea and needed a cpap machine.Moving forward I put my claim in after reading several articles, reports and forums posts from various other vets regarding sleep apnea as secondary to PTSD. At the time of my discharge I was not given any medical records and everything seemed to happen super quick. Ive since requested my medical records using the freedom of information act but it appears that takes 6-12 months to get anything back from.I attched my DBQ from the MEB process, sleep apnea findings and report, letter from my caregiver whom I knew prior to exiting the service and would witness the episodes as well as other documents supporting the sleep impaiment claim. The C&P reviewer kept harping on the fact that there was nothing in my file the stated I snored etc so it couldnt be service connected. She agreed after I mentioned there are various reputable reports done stating the link between the two and that one can aggravate the other. She agreed stating she had read some as well but then proceeded to state that PTSD does not cause sleep apnea. Seems like she was missing the whole point of my argument. As of May 28th I noticed my claim went to Pending Decision Approval with a completion date of 6/1-6/6. Im assuming this is expedited because of an incoming denial letter. Attached below is the DBQ pulled from my Blue Button. Your advice and input would be greatly appreciated even if its harsh criticism. Thank you!Sleep ApneaDisability Benefits QuestionnaireName of patient/Veteran: XXXXXXXXXXXXIs this DBQ being completed in conjunction with a VA 21-2507, C&PExaminationRequest?[X] Yes [ ] NoACE and Evidence Review-----------------------Indicate method used to obtain medical information to complete thisdocument:[X] In-person examinationEvidence Review---------------Evidence reviewed (check all that apply):[X] VA e-folder (VBMS or Virtual VA)[X] CPRS1. Diagnosis------------Does the Veteran have or has he/she ever had sleep apnea?[X] Yes [ ] No[X] ObstructiveICD code: g47.33 Date of diagnosis: 20172. Medical history------------------a. Describe the history (including onset and course) of the Veteran'ssleepdisorder condition (brief summary):Veteran was diagnosed with obstructive sleep apnea in 2017. His sleepstudy on 1/12/2017 showed mild obstructive sleep apnea with AHI of 14.4events per hour.He now has CPAP machine. He has some difficulty keeping the mask onallnight. He reports that he has restorative sleep when the mask stayson.b. Is continuous medication required for control of a sleep disordercondition?[ ] Yes [X] Noc. Does the Veteran require the use of a breathing assistance device?[ ] Yes [X] Nod. Does the Veteran require the use of a continuous positive airway pressure(CPAP) machine?[X] Yes [ ] No3. Findings, signs and symptoms-------------------------------Does the Veteran currently have any findings, signs or symptoms attributableto sleep apnea?[ ] Yes [X] No4. 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 conditionslisted in the Diagnosis Section above?[ ] Yes [X] Nob. Does the Veteran have any scars (surgical or otherwise) related to anyconditions or to the treatment of any conditions listed in the DiagnosisSection above?[ ] Yes [X] Noc. Comments, if any:No response provided.5. Diagnostic testing---------------------a. Has a sleep study been performed?[X] Yes [ ] NoIf yes, does the Veteran have documented sleep disorder breathing?[X] Yes [ ] NoDate of sleep study: 1/12/2017Facility where sleep study performed, if known: Northport VAMCResults:mild obstructive sleep apneawith AHI of 14.4 events per hourb. Are there any other significant diagnostic test findings and/or results?[ ] Yes [X] No6. Functional impact--------------------Does the Veteran's sleep apnea impact his or her ability to work?[X] Yes [ ] NoIf yes, describe impact of the Veteran's sleep apnea, providing oneormore examples:he is tired during the day7. Remarks, if any:-------------------MEDICAL OPINION REQUESTED: Direct service connectionDoes the Veteran have a diagnosis of (a) SLEEP APNEA that is at least aslikely as not (50 percent or greater probability) incurred in or caused by(the) SC PTSD during service?It is less likely than not that the veteran's obstructive sleep apnea isproximately due to PTSD. Obstructive sleep apnea is characterized byrecurrentcollapse of the upper airway during sleep resulting in substantially reducedflow of air into the lungs despite ongoing breathing efforts. In thisveteran'scase, this is occurring an average of 14.4 times per hour. There is notsufficient medical evidence to show that PTSD can cause collapse of the upperairway.