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  1. I have been denied for sleep apnea, I Have statements form x-spouse and spouse and Buddy's I served with that they witnessed my issues, I was on recruiting duty and had no MTF within 70 miles to get treated, as we all know how stubborn us veterans can be going to the doctor, however I did go to my private physician and complained of not sleeping well and it was documented that i was waking up frequently and gasping for air, he recommended me having a sleep study conducted which I did not until 3 years later and i was diagnosed with severe obstructive sleep apnea and was issued a cpap, I use it
  2. Due to my tinnitus being very bad, I was awarded a 70% rating from the VA for anxiety and depression secondary to my tinnitus due to it keeping me from sleeping. I have started my counseling with VA social workers and psych doctors from the VA. I ask my VA primary care doctor does the VA offer any treatment for tinnitus and the answer was, "There is no treatment the VA offers for tinnitus, just wear ear plugs and stay away from loud noises". My question is why would a PA want to test me for sleep apnea to see if that is causing my sleep problems but I can't get treatment for what I know keeps
  3. This is what won my sleep apnea. Please feel free to use this in your fight against the VA. Most would not need to be this long, but I would use what you feel is needed and fits with your claim. Dear Ladies and Gentlemen: Supplemental Claim is elected. If additional evidence or clarification is needed, please contact me by facsimile, telephone, or U.S. mail. The above veteran received a Rating Decision dated March 12, 2020 and wishes to appeal this decision regarding the following issues: 1. Service connection for sleep apnea. The Veteran is entitled to service connection fo
  4. After Denials for OSA both direct and secondary to PTSD, this spring I decided to spend the money on a IMO and do the claim right. I contacted Dr. Anaise and was told to send all my records, decision letters and $1500. After about a week I was emailed with a final IMO report that was around 40-50 pages. It was excellent & well researched. Within 6 weeks of submitting the IMO with a supplemental claim OSA secondary to PTSD was approved. Yes IMO's dont guarantee anything and they can be expensive but they are definitely worth it when you have been denied already and have nothin
  5. I was looking at Ebenefits under the 'disabilities' section, and I noticed that, with CPAP, my Sleep Apnea rating is listed as 20% rather than the expected 50. I had to appeal my sleep apnea 1 time to get SC. Has anyone ever seen this? It looks like it is numerically at 20, but they paying it at 50? Misprint?
  6. I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected. I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night. I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt). In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com". My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either
  7. Hi, Anyone use a private company for a home sleep study? If so who did you use? Reason, I am currently in a remote location and would be a reach to travel to any VA sleep study. Thanks! Al
  8. Good morning hadit, I have both ptsd and TBI and believe my diagnosed sleep apnea (mixed sleep apnea, with both central and obstructive sleep apnea) has been directly caused by my ptsd and TBI. I am not overweight, have no medical issues of the throat or the respiratory system that would cause it. My question to you all is if I want to file sleep apnea secondary to either of this conditions which one should i file it secondary to? I've found much more literature tying obstructive sleep apnea to ptsd but also found literature that ties both obstructive sleep apnea and central sle
  9. Good Afternoon Team, Short back story/timeline: Left Active Duty: August 2015 Diagnosed with Sleep Apnea February 2016 (6 months later) Submitted claim in May 2016 with my evidence: Sleep study DBQ In service complaint of snoring exerpt from my medical record Favorable C&P Exam opinion (at least as likely as not...) VA Denied my claim in August 2016 I did nothing because I didn't think I could come up with any other evidence Fast forward to last year..... I scratched some pennies together and paid
  10. Hey all, First off, love this page it has been extremely helpful! Background: currently at 90% / 70-ptsd, 50-migraines, 10-iritis, 10-tinnitus, and I’m in the running for 100 at the moment. Current day: Was content at 90 but after all these years I have finally come out about my MST when I was in the infantry. Still working stuff out on that end as this is still fresh... Anyway, I submitted a claim for sleep apnea because of the MST. I submitted the following: picture of CPAP machine I use in my house, nexus statement from issuing doctor, Nexus statement from other doctor
  11. Moderator, you might want to Pin this somewhere, as this seems to be a recurring trend. I have given out this information to others, but I will post it here so that others can find it rather than searching through the forum. First and foremost, claiming and getting sleep apnea secondary to PTSD or Mental disorder is not easy. I have personally seen more lost than won, however, it can be obtained and I myself have personally received it. If you had sleep apnea diagnosed while in active duty, it is usually a slam dunk........for the rest of those trying to get it, it could requi
  12. A little background first on this specific claim to provide greater context for the readers. I had no idea that i had OSA until i got married and through the years my wife has told me about how i would snore really loud, stop breathing at night, choke, etc. pretty standard stuff for anyone that has it. I had buddies in the Marine Corps who told me the same thing after our first deployment, but i had always chocked it up to my dad snored so i snored, the stopping breathing thing was weird but i was 18/19 so your health isnt a primary concern and BAS is only for bones sticking out. I got
  13. I have a current claim for several injuries to include PTSD. I did some research and found out the best way of getting a rating for migraines is to have a diary through the VA of the migraines. For my PTSD which I got diagnosed through the VA in February, I'm taking Doxazosin (Nightmares), Hydroxyzine (Anxiety), and Sertraline (Mental Health). All of the medication causes headaches. However, the Sertraline only causes headaches within the first 2 weeks. I was going to wait until the claim was complete before filing for Migraines because I wanted to already have the rating for PTSD first so I c
  14. I currently have pending disability claims for several things to include PTSD and Sleep Apnea. I filed for my PTSD starting in December of 2019 and the Sleep Apnea starting around the same time due to the PTSD. I was tested positive for sleep apnea. This month, I just found out through the VA Biopsy that I have Sarcoidosis which now I'm on steroids for 2 months and other meds for 6. I learned through research that sleep apnea can be caused by sarcoidosis since sarcoidosis causes shortness of breath. If I file for Sarcoidosis and try to change things up by saying the sleep apnea was caused by t
  15. I was diagnosed with Sleep Apnea through the VA. I filed for compensation so I already know it’s going to get denied. After it’s denied, I need to know exactly how to do the supplemental claim for it. I’m already getting benefits for Insomnia which the underlining is Depression and Anxiety. So after the Sleep Apnea is denied, do I just make an appointment with my Sleep Apnea doctor and say, “Hello sir I’m just curious. I’ve been diagnosed with Insomnia which the underlining factors are depression and anxiety. Can you tell me what caused my Sleep Apnea?” Then hopefully he’ll say depression can
  16. I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019. Shouldn't the effective date be April 2013 when the diagnosis was rec
  17. Hello Vets! I read on one website concerning Sleep Apnea that in accordance with VA Adjudication Manual M21-1, Part III, subpart iv, chapter 4, Section D updated April 18, 2016; There is no longer the requirement to have been diagnosed with SA prior to leaving the military to receive a rating. First, I looked at the cited manual and Section D, does not pertain to Respiratory issues, Section F does. So I'm just looking for clarification. Clarence
  18. Hello All, I am planning on filing a claim for sleep apnea, which was not diagnosed while I was on active duty, as well as cervical pain and Allergic Rhinitis, which were noted in STR's but not officially diagnosed until a few years later, despite continuous treatment for them by the VA. While there is some reference to sleep issues while I was deployed, and treatment records in service for the other two, I want to make my claim as strong as possible from the start. Having read through many of the posts here and elsewhere regarding the nexus to service connection, I believe I will ne
  19. Hi all, looking for feedback regarding my progress and chances, along with any other suggestions. I served in the Navy from 1999-2005, Honorable discharge as a nuclear mechanical on subs. Sadly, like many I rarely reported medical issues while I was in, didn't want to hurt the command with absences. If only I knew then right? In 2015 I filed put my first claim in, Rhinitis (this was well documented inservice) sleep apnea, i had symptoms inservice that were documented but never diagnosed and hypertension secondary to OSA. I thought I had a good package, I had buddy statements
  20. My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection. I read the sleep apnea field manual from Chris Attig and appealed the decision. On appeal I stated the OSA should be secondary to PTSD and sinusitis. I obtained an IMO from Dr Anaise and a DBQ with the at least as likely as not and medically necessary (CPAP) statements from my psychiatrist. My question is on appeal can you submit evidence to make it a secondary condition or does it need to be filed as secondary from the beginning? I haven't received the RAMP appeal deni
  21. Hey everybody! Long time lurker, first time poster. My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating: Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
  22. I am just wondering to what extent does the VA's Duty to Infer reach? I keep seeing it mentioned but I am not finding any particular bounding rules or interpretations, so any links or opinions would be great. Take for example a post I read this morning. OP was initially rated as 70% PTSD and was not/had not been working. Said it was in his file. Asked if VA should have inferred IU. So what has to be in their file to trigger the Duty to Infer? Is simply stating they are unemployed enough to trigger the question? is a mention in their intake memo enough? from their Primary Care d
  23. I need to learn more about inferred claims and how they are decided/spotted by the va raters and acted on. The situation is I was rated 70% PTSD in 2013 around july was that C&P. In april 2013 I had a C&P for Bilateral Hearing loss and one for Sleep apnea. I knew nothing about secondary conditions, inferred claims, etc and by this time my VSO was awol dealing with pancreatic cancer (so I don't blame him). This year in July I was notified about a Review PTSD C&P, and that started me on the information hunt. I learned that ED, which was well documented in my VA m
  24. Facts regarding claim: Sleep Apnea secondary to insomnia Date of diagnosis: 7/18/2014 Current disabilities relevant to claim: Tinnitus – Service Connected - 6/5/2017 Insomnia – Servicee Connected - 4/13/2018 Facts regarding claim: Sleep Apnea secondary to insomnia Date of diagnosis: 7/18/2014 Current disabilities relevant to claim: Tinnitus – Service Connected - 6/5/2017 Insomnia – Servicee Connected - 4/13/2018 Status of claim: CUE submi
  25. Seems the VA can on occasion consider obesity merely as a "symptom"* and perhaps even the type of symptom that the VA alleges is caused by the Veteran's own willful misconduct of overeating or being inactive so it can deny the claim. However, since the American Medical Association ( AMA ) recently in June of 2013 has officially declared that "obesity is a disease", might that allow disabled veterans whose service connected condition(s) led to excessive weight gain to now find more success claiming obesity as a ratable secondary medical condition or a disease aggravated by the Veteran's service
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