Reuest For Increas

[yelloownumber5]

Hi,

Back in 2008 I requested an increased on my Service Conencted GERD. I did list the reasons why and one reason was the GERD is aggravating my Sleep Apnea. I don't remember how I worded this but I'm looking for the paperwork right now.

Anyhow, the RO sent a denial for Sleep Apnea dated 11 Sept 2008, it is a concern for me because I do not remember sending an informal claim nor any intent in filing for Sleep Apnea at this time but I will in the future.

I will post the verbage of the letter when I find it

What should I do.

thanks in advance.

[12R3G]

Yelloow#5

"9/11/2008: Service connection for sleep apnea is denied. Your service treatment records show did not evidence of treatment for or a diagnosis of sleep apnea during your military service"

I don't know, but since they referenced your SMR it sounds to me like they denied a direct service connection to SA. If the claim were secondary to a SC condition, then it wouldn't matter if you were treated in service or not. Is there any

Since they denied, then it's denied. Hopefully, they will readdress and see that you were trying to show how your SC condiltion (GERD) had worsened, by relating it to your SA (for now, a non-SC condition).-the GERD prevented you from benefiting from CPAP treatment since you couldn't tolerate the mask/pressure. Otherwise, you need to file a NoD to keep the claim alive and present evidence to SC the SA--either as direct or secondary to something.

If you don't NoD before Sept 10th, then you'll have to reopen the claim at a later date, providing new & material evidence. Which, when you think about it, is exactly what you'd be doing anyway, you just want the clock to stop.

"Would anything matter that the RO opened a claim as secondary but when I claim it would be a standalone diagnosis?" My gut feeling is no...but perhaps someone with more experience could weigh in on this; but again, reading the post below, I really think the VA denied a direct SC.

chuck