Sleep Apnea Denial Letter

[donnieragsdale]

I just received a denial for Obstructive Sleep Apnea.

Statement of the case letter did not list the most important part of the evidence I submitted (The IMO, from Doctor xxxxx xxxxxx, MD, who with 30+ years of experience had stated "service connected on a more than likely as not basis"). He outlined a nexus based on review of all SMRs, complete physical examination, review of VA sleep study, buddy letters, family letters, and review of current medical records.

This VA decision was the result of a Decision Officer Review with an informal hearing.

The SOC is completely void of any reference to the IMO. It is not listed under the Evidence list at all. It is, as if it does not exist.

Edited August 20, 2011 by donnieragsdale

[Rockhound]

You said you had a broken nose and deviated septum, is this SC and if so, is it rated? If not, do you have at least 50% obstruction to both nostrils? If so, you should be rated at least 10% due to trauma.

Their is often times when being overweight has nothing significant to affect Sleep Apnea. In some studies of people with sleep apnea, even after weight loss, whether it was by diet or from gastric bipass or some such surgery, their was little inprovement if any in their sleep apnea symtoms. Find these studies to help prove your IMO's opinion.

I weighed in excess of 300lb when I had a sleep study test done. My VA ENT specialist said I was a candidate for a trachiotomy because of sleep apnea due to my obesity. When the sleep study was completed and rated, I only had minor indication of sleep apnea, and that a trachiotomy wasn't necessary nor was a CPAP machine indicated. However they did find that I suffered from Nocturnal Hypoxia while in REM sleep due to a restrictive lund disease and not due to my obesity, although it may be a contributing facter to its severity. Even if I lost weight, I would still have the restrictive lung disease and the nocturnal hypoxia condition.

Don't give up and check to see if you can get a reconsideration of your DRO and if you can, ask for a formal meeting so you can make sure your IMO and any new evidence can be formally added to the record. Then they can't ignore the IMO, at least I would think not.

If you don't have a VSO, try to find one who seems to agree with you and feel them out as to what they say and think you should proceed. You don't have to do what they say, you can still do it yourself if you find you have to, it's just a bit harder for you and the VSO makes it harder for them to say they don't have something when they know they sent it.

Rockhound Rider

[bob_abad]

You really might want to consider getting help from the 'Disabled American Veteran'(DAV) in your area, if possible. They are helpful and efficient.

[Berta]

"Statement of the case letter did not list the most important part of the evidence I submitted (The IMO, from Doctor "

Join the crowd-of course the VA omitted the most critical evidence you have.

"Does the fact that this was a DRO informal hearing force me to appeal to BVA?"

No immediately write to the VSM and ask the VSM to CUE the decision. Worked for me.I did it by email-as an Iris complaint-

Were you given a 30 day period to respond to this?

Was this IMO fully noted in the hearing as evidence?

If this was Buffalo and the DRO was TD-put the pressure on Susan Kloc via a complaint through Iris.and follow up with a letter.

[Berta]

What VARO is this- I have contact phone numbers.

You have superb evidence- this has become another tactic of the VAROs these days-

force us to get IMOs from a real doctor and then simply ignore their opinion over some quack opinion.

And many vet reps just stand by and allow that to occur.