[I was given a rating before all my tests were completed]

Hello everyone. My ebenefits  appeal has been updated to; appeal pending - statement of the case (SOC). I called the VA 1 800 number to confirm this, and was told that they sent a SOC today and I should receive it within ten days. My disability percentage is still the same on ebenies; so I assume my appeal has been denied. I was not called in for any exams or new medical evidence; my vso told me to hold off until they asked for it. It has been 8 months, 253 days, since my NOD was filed. I will update everyone once my SOC has been received.

[Regional office does not have my claims file]

13 minutes ago, brokensoldier244th said:

What benefit is lying to you about it? There are several reasons that St. Louis might have your claims file. 

Hello brokensoldier244th,

Thank-you for the feedback earlier. I called the VA 1-800 number to schedule an appointment with my RO to view my claims file, and was told that I can go to my RO and they would print me a copy of my C file. When I get there I was told otherwise. I just want to make sure I am not being duped.

[Regional office does not have my claims file]

I went to the regional office and asked to see my c-file, but they told me they did not have it. I had to fill out a form requesting my file from St.Louis, and the only thing he told me was that they would mail me a copy of my file on a CD. How long is this going to take? Is the RO lying about not having my C file? 

[I was given a rating before all my tests were completed]

On 10/22/2017 at 8:49 AM, Gastone said:

SA Secondary to a 0% Gerd SC might be a very tuff sell. How about posting a copy of your SA C & P Exam?

 

Were you DX'd with OSA, CSA (Central) or MSA (Mixed)? How do you stack up against the "Usual Suspects," Male, BMI 29+%, 171/2+ neck and large tongue?

Check the BVA Decisions for past few years regarding SA-Gerd Secondary Appeals. Might find some useful information.

My tongue is large and the pulmonologist  said that contributes to my OSA. I have requested my C-files from the VA and will post back if I find anything interesting. I will also let the community know how the appeal went in the coming years. 

I found this portion of sleep apnea in my C&P:

DBQ RESP Sleep apnea: Please review the Veteran's electronic folder in VBMS and state that it was reviewed in your report. A sleep study has not been performed on the Veteran. If the evidence indicates a diagnosis of sleep apnea, please complete a sleep study to confirm this diagnosis.

MEDICAL OPINION REQUEST

TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.

OPINION REQUESTED: Secondary Service Connection.

Is the Veteran's sleep apnea at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD?

 

The rest of the C&P just talks about me not being DX'd with OSA before I was even seen and DX'd with OSA. 

 

[I was given a rating before all my tests were completed]

14 hours ago, Gastone said:

Could you post a redacted copy of your SA Denial?

I haven't been able to find any SA Medical Articles linking GERD as a cause of SA? What did you use to support your SA Secondary Claim?

SA denial explanation: 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for sleep apnea secondary to GERD is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed.

The Decision was made a month before I was diagnosed with OSA.

Just found an old post of a vet getting approved SA secondary to gerd 0%: 

I plan on seeing the sleep specialist to get a nexus written up. Maybe I could get it secondary to my depression. 

[I was given a rating before all my tests were completed]

I spoke with the Texas Veterans Commission, and was told that they are working on appeals from June 2014. At least I know my appeal won't be looked at any time soon.

[I was given a rating before all my tests were completed]

Thank-you for all of the informative replies. The sleep specialist typed up a very vague report, but Obstructive Sleep Apnea Syndrome was diagnosed. 

I pulled up my health records off of myhealthevet and was able to find the times I complained about my sleep while on active duty:

11/19/15 - INADEQUATE SLEEP HYGIENE 

4/12/16 - INSOMNIA - SLEEP DISORDER 

9/26/16 - HOME SLEEP TEST, NO SLEEP APNEA, + SNORING 

1/3/17 - IN LAB SLEEP STUDY, OBSTRUCTIVE SLEEP APNEA SYNDROME DIAGNOSED, RECOMMENDATIONS: CPAP 

I have also talked about my sleep problems with behavioral health and was prescribed ambien 10mg  until the day I ETS.

Edit: The first two dates I was still on active duty and the last two dates I had already ets. I thought the outcome would be in my favor but I see the VA will do anything to knock you down.

 

[I was given a rating before all my tests were completed]

Hello everybody,

I was awarded a 50% back in December 2016, but I had one more test to complete to determine whether or not I have sleep apnea. My sleep study test was scheduled for January 2017 and it came back positive for OSA, therefore the VA gave me a CPAP machine. I claimed it secondary to gerd which is rated at 0%. I sent in my NOD on march 20th and 7 months later I have not received any updates. Should this appeal be in my favor?

 

Edit: Forgot to mention I made the appeal with the DRO in Houston, TX