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As I've stressed, use a doctor's opinion. You will win. Go to your state's Military Affairs department to file- They have the best financed VSO- in my state, it happens to be they chose The Legion- Yours may be different. Don't communicate with the VA- use the VSO. You are in, essentially, a trial- Calling the other side wouldn't be a good idea- and it isn't here. In short, they're not telling the Legion they called to drop your claim. This site is becoming FAR to confusing.
While this isn't particularly new news, there is a large story in USA Today 07/23/2014 page 6B by reporter Nanci Helmich mentioning solid medical research that links sleep deprivation to weight gain: "Losing sleep doesn't just leave you tired--- it can make you fat." This is due to how sleep deprivation affects certain hormones namely increasing ghrelin and decreasing leptin. Therefore, the connection of sleep apnea causing weight gain and even diabetes should be a no brainer and service-connecting weight gain/obesity or perhaps diabetes and hypertension as secondary conditions to a sleep disorder could be claimed. I realize that this is sort of a what came first issue: the chicken or the egg? However, if you started out thin/normal weight and then developed sleep apnea which led to weight gain, it would seem that there may be the basis for a well-grounded claim in the absence of other weight causing factors. Remember, not all sleep apnea is OSA / obstructive...there are also central or complex/mixed types as well. More info on this issue at: http://health.howstuffworks.com/mental-health/sleep/disorders/sleep-apnea.htm Also see slide #19: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCMQFjAB&url=http%3A%2F%2Fweb.stanford.edu%2F~davesv%2FWeight%2520%26%2520OSA.ppt&ei=-krQU9ydIs6iyATHiIHwCg&usg=AFQjCNFnDNcnaMb34bJh1yZoccIA9kQB7Q&bvm=bv.71667212,d.aWw