captfire0311

So then I would have to get an IMO then file by mail correct? I'm not seeing a way to file a NOD just a Supplemental Claim by VA Form 20-0995. Also in this case I would just make clear what I would like my sleep doctor to do, as in nexus? Cause I thought the last doctor (LHI) but a local and I were on the same page but I guess not.

Hello All, So I am currently diagnosed with "adjustment disorder with depressed mood, unspecified anxiety disorder, unspecified insomnia disorder, alcohol use disorder in sustained remission (previously rated as major depressive disorder with medication induced sleep disorder)" and in Nov 2018 I filed for Sleep Apnea secondary to what was then MDD. It was denied after no C&P. After talking with my psychologist I got a sleep study ordered. I was then diagnosed with Obstructive Sleep Apnea so then in May 2019 I filed a Supplemental Claim to provide new evidence since I was actually diagnosed with OSA. Well I also had another C&P for the depression and they kept the rating at 50% but changed MDD to the above (in bold) diagnoses. For the Sleep Apnea I had a C&P with LHI (locally) and the doctor and nurse both seemed that the OSA could most likely be from my depression and medication that caused the depression. Well my claim was closed at the end of July with a denial. I will attach the document explaining the denial but in short, LHI said "less likely than not proximately due to primary disorder" and also stated OSA cannot be caused by depression of mental disorders.... I'm seeking input as to what my next steps would be. After research it looks like I could get an IMO and then another supplemental claim with "new evidence" or a "higher-level review?" Thanks in advance! DenialLetter.pdf

I did not schedule an IME because my C&P was with LHI and they were certain I definitely had a case for OSA secondary to MDD. But my OSA was not as severe as yours and I'm currently waiting for the decision now so I'll let you know. If you can I don't think it would hurt to get an IME. If SC you're talking about a difference of $1,000 a month (30% to 70%) so you'll get your money back pretty quickly.

How did everything work out?

Well I had been diagnosed with major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder and had that claim opened up again along with anxiety, sleep disturbances, and left hearing loss. Well I had my exams and it has been closed, but I still have the sleep apnea claim open with an upcoming appointment. However, I didn't get an increase for previous appeals instead they just seemed to lump it all together as one.... adjustment disorder with depressed mood, unspecified anxiety disorder, unspecified insomnia disorder, alcohol use disorder in sustained remission (previously rated as major depressive disorder with medication induced sleep disorder). Hopefully that doesn't mess with the secondary service connected claim for sleep apnea. The sleep apnea was only diagnosed in April. The claim is still under the "status unavailable" and I cannot add more evidence. I plan on going to see a private doctor about getting a nexus before my VA appt.

Required to give me a sleep study to take home or DBQ?

No direct service connection as there was no in-service diagnosis... There's almost no in-service diagnosis of anything to be honest, oddly enough what I do have isn't "service connected" and things I've claimed 6 years after being out got service connected which I'm very thankful for. So I just got a call from LHI for a claims appointment and when registering on their site it shows DBQ Sleep Apnea... Is this just the questionnaire or is this another sleep study? Also I guess this means the claim is not in the decision process although it still shows status unavailable. Thank you guys again for the info and responses.

It's been like that for over a week. I've reached out via email and haven't gotten anything and the people on the phone have no clue. Basically say the same thing it must be updating but my other claim is readable and interactive. Since this claim was submitted May 9th and it's supposedly already in decision... Do you think that is good or bad news?

Duplicate

Well taking everyones advice I was going to upload the study for new evidence even if it bumps back a phase or the decision process... However, with the status being unavailable it does not give me the option to add new evidence and it doesn't even show up on Benefits... I've sent an email to find out what's going on with that to support but they said it can take up to five days to get a response...

There was nothing handed to me to fill out however the doctor did ask a bunch of questions and I mentioned the depression caused my service experiences and medication taken from service and he seemed "on board" with the connection. Doc25 - I'll try that because I believe if I'm in the decision phase I cannot submit new evidence or files. So I would just have to try and reopen OSA maybe not as a secondary claim if denied this time? Obviously after seeking outside help with a Nexus?

Now I'm assuming the VA doctors don't write that, is that correct? So I'll need a private sleep study/doctor to write the Nexus? Thanks again for your time.

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My claims are mostly based around the drug mefloquine which caused the sleep issues and partly depression. I think that is where the medication induced sleep disturbance comes into play. So once I filled out the supplemental claim for sleep apnea there was no other C&P exam. I believe they are just using the evidence that's already there from the VA sleep study and doctors notes... Is this good or bad? How do I go about getting a Nexus? So just to clarify if I left it out... The major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder was granted in 2016 as 50%. I was assuming I'd still have some kind of interview or exam, even though there's already a sleep study on file less than 3 months old from the VA, to explain the sleep issues came from the pill we had to take for my second deployment. Thanks for your guy's help btw. But have you guys ever had a status say unavailable?

Hello all, I've tried to read up on this great forum... Probably should have done it sooner and would have helped with my claims but I don't quite understand all the acronyms and the process to be honest. I did all my claims online with no real help, tried reaching a VSO multiple times with no luck. I had applied for sleep apnea less than a year ago (Sept-18') as a secondary condition to the MDD (50%) but with confusion and a new job there was no sleep study just an interview for Chronic fatique syndrome which I also applied for. I was denied service connection for both sleep apnea and chronic fatigue syndrome. Since then I've been going to counseling and discussed the sleep apnea they had ordered me a sleep study. Anyways I was diagnosed with mild sleep apnea and was issued a CPAP through the VA. Anyways I had filed for an increase on a few disabilities I had in April... Hearing damage (0%) and tinnitus (not service connected), major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder(50%). I also appealed the Sleep apnea and once I did it online they sent a packet saying I needed to submit a form for the sleep apnea since it was less than a year ago. I submitted the file with the VA hospital and VA clinic as documented proof of sleep apnea. I fully developed claim with Hearing, and MDD have shown up on VA.gov with a current status or review and gathering evidence (received 4/29). The sleep apnea has also popped up with VA.gov but shows status unavailable (received 5/9). Ebenefits shows just the fully developed claim. However, I called the 1-800 number for the VA and they said it has already reached the decision phase and estimated completion for July 14th. So what I'm asking is do you guys think this is a good sign for the sleep apnea case? I've seen a lot of people say it's hard to get sleep apnea as service connected but I assume with major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder it would be easier especially with having a CPAP. Then I'd think my rating would be 80% with 50 for MDD and 50 for Sleep Apnea, no?