ptsd Vike17,tbird,berta Or Anybody That Wants To Give Opinion

[mobie16r]

I am trying to help this veteran.He is 50% service connected for PTSD.On his progress notes from the Va which was sign by a Psychiatrist.

Axis I:1.PTSD

2.Obstructive sleep apnea(on CPAP)

3.Dysthymia

Axis II Blank

I have Two Question

(1)Can he file a claim for sleep apnea seperate or secondary to ptsd?

(2)Do he need a writing statement from a IMO?

Thanks a bunch.

mobie16r

[Vike17]

mobie16r,

"I have Two Question

(1)Can he file a claim for sleep apnea seperate or secondary to ptsd?

(2)Do he need a writing statement from a IMO?"

The veteran can file for anything he/she wants, it just a question if it holds any water or not. One thing to keep in mind is that just bcause another condition is listed in AXIS I or II doesn't mean it is always related to main diagnosis. The veteran would need to ask his doctor or shrink, or both, to find the answer to this question. If his doctors say that his sleep apnea is related to his PTSD, then they need to put this in writing with a full rational as to why they came to such a conclusion.

Vike 17

[mobie16r]

Thanks,vike 17 i really appreciate your help

mobie

[RockyA1911]

Sleep Apnea is not caused by PTSD and will fail when claimed as secondary to PTSD. However, there are BVA decision that found in favor of claims that are awarded as PTSD causing AGGRAVATION of the Sleep Apnea and service connected as secondary service connection due to aggravation of the sleep apnea due to PTSD.

In the BVA case the VA could neither prove nor disprove that sleep apnea is aggravated by S/C PTSD and therefore is in the least in "equipoise" and the Benefit of Doubt policy kicks in of which must find in favor of the veteran.

File your claim as Sleep Apnea aggravated by S/C PTSD and you will win.

These are two winning BVA (Board of Veteran Appeals) cases for central sleep apnea secondary to PTSD. Use these as supporting documentation for adding Sleep Apnea to the claims.

http://www.va.gov/vetapp01/files01/0102100.txt

http://www.va.gov/vetapp04/files4/0431117.txt

Good luck!

[RockyA1911]

After you file, you will have a C&P exam and bring this BVA decision with you and also send it in as evidence in support of your claim for Sleep Apnea as secondary aggravated by PTSD. Or get a VA opinion and/or a IMO that will state "It is at least as likely as not" based on evidence submitted by claimant.

Sleep_Apnea_BVA_Decision.doc

[jbasser]

It can be awarded if the SC for PTSD includes a big weight gain. Obstructive Apnea is an obstruction in the resp. system, usually in th enasal area its self. Central Sleep apnea is neurologic in nature but bith are often misdiagnosed.

Dont give up on the issue. You will need a nexus from a MD. IMO will work best if it is from a Pulmonary specialist.