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Denied Claim For Osa With Cpap
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Absolute
Hello,
I filed a claim for OSA w/CPAP in June 2009 and received a denial letter just last week stating that it was not S/C. I am going to appeal but I will provide details on why I filed a claim. Any assistance will be greatly appreciated.
I was in service from June 1998 to May 2007. During this time I was unaware of what sleep apnea was and the symptoms related to it. I've always snored and have been fighting morning fatigue for quite some time. My wife of 7 years even complains to me about my snoring keeping her awake. Of course at the time, I didn't know that was a symptom of sleep apnea or I would have gone to a doctor. I was diagnosed with sleep apnea after a sleep study referred by the VA clinic I go to in April 2008. They attempted to give me mouth pieces for sleeping, anxiety pills and none of those worked. I finally went back to speak to my doctor at the VA and they gave me the CPAP machine in May 2009. After speaking with a former supervisor in the Air Force, who I found out has sleep apnea and uses the same machine, he mentioned that I should file a claim. I did so and received the letter stating that it is not service connected so I am denied for compensation.
Now my question to you is...is there a set date on when it has to be diagnosed for it to be S/C? I've heard from my DAV rep that it has to be diagnosed within a year of separation. Is this true? And what should I put in my appeal letter as a starter? Thanks in advance.
Mike
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