bguerrero Posted June 3, 2010 Share Posted June 3, 2010 I developed Sleep Apnea after my stroke last May.I had a statement from my Neurologist that the Sleep Apnea was Most likely a result from the Stroke and obstructive sleep apnea is a common sequela after a stroke. The VA examiner opined that left cerebral infarct is not a risk factor for obstructive sleep apnea and your sleep apnea was not caused by your stroke. I also showed them 2 sleep studies, one with the cpap and without. I am sleeping with the cpap. I plan on appealing this decision. Anyone have any advise or any experience in this? Link to comment Share on other sites More sharing options...
Troy Spurlock Posted June 3, 2010 Share Posted June 3, 2010 I developed Sleep Apnea after my stroke last May.I had a statement from my Neurologist that the Sleep Apnea was Most likely a result from the Stroke and obstructive sleep apnea is a common sequela after a stroke. The VA examiner opined that left cerebral infarct is not a risk factor for obstructive sleep apnea and your sleep apnea was not caused by your stroke. I also showed them 2 sleep studies, one with the cpap and without. I am sleeping with the cpap. I plan on appealing this decision. Anyone have any advise or any experience in this? First I would question the VA C&P examiner's credentials to make such a determination that is based on nature of the condition. Is he/she a neurologist? If not, he/she lacks the authority to give such an opinion for the VA to base a denial. Second, did you have sleep apnea before the stroke? If not...then you need to also find current medical literature from credible sources that attest sleep apnea is a common side effect/result of having the type of stroke that you did. Third, you need to be clear...or at least your neurologist does, that your sleep apnea was "more likely than not" caused by the strole. That's the legal phrasing the VA needs to see in order to grant a claim based on said "professional" and properly credentialed medical opinion. Last but not least...don't give up and take anything the VA tells you for granted. Their rule book is not designed to serve the veteran, but rather the government's interest in denying, delaying, and denying again claims for compensation (because it saves the government money). T.S. Palma114 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 3, 2010 HadIt.com Elder Share Posted June 3, 2010 When the VA gives you the VCAA Notice it tells you what you need to win your claim. Troy gave you a good heads up on what is needed and I suspect that your Doc is much more qualified than the VA's Doc. It does not always work like it should but the VA has gotten much better at fixing mistakes made by the VARO. Link to comment Share on other sites More sharing options...
bguerrero Posted June 3, 2010 Author Share Posted June 3, 2010 I never had sleep apnea before the stroke. I see my Neurologist on Monday and I'll have her write another letter with "more likely than not".On my C&P exam, the Examiner ask more questions about the stroke than the sleep apnea. Link to comment Share on other sites More sharing options...
Berta Posted June 3, 2010 Share Posted June 3, 2010 (edited) Your neuro doc should outweigh their c & P doc. "First I would question the VA C&P examiner's credentials to make such a determination that is based on nature of the condition. Is he/she a neurologist? If not, he/she lacks the authority to give such an opinion for the VA to base a denial." You bet- I got a PA do a Cardio opinion-I knocked that baby down in a heartbeat. I had IMOs too however "The VA examiner opined that left cerebral infarct is not a risk factor for obstructive sleep apnea and your sleep apnea was not caused by your stroke." Their is no medical rationale given there by the VA that is specific to your case and the VA cannot provide any reliable medical text or source to support this ridiculous opinion. I assume the stroke is service connected? is that the 50 you get now? Would your Neuro doc be willing to provide a complete IMO based on the IMO criteria in the IMO forum here?They could then elaborate on the association and the VA will read any internet info they add to their opinion.Also they can list their expertise or curriculum vitae which will as likely as not outweigh the VA doc's expertise. Have you searched Merck for any other info on this association? VA uses Merck so they would be hard pressed not to accept a Merck citation. Edited June 3, 2010 by Berta Link to comment Share on other sites More sharing options...
Berta Posted June 3, 2010 Share Posted June 3, 2010 This link is one of many many articles on relationship of ischemic stroke to sleep apnea and vice versa: http://www.pulmonaryreviews.com/march02/apnea.html Please have the Neuro consider the IMO format I put here in IMO forum. Although a DRO I had told my rep she didnt know how to read my IMOs -still the proper wording of an IMO can do wonders for a claim. Link to comment Share on other sites More sharing options...
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