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bdmflyer
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  • HadIt.com Elder

Welcome to Hadit. I would suspect that it has something to do with you and your service. Need to know more.

Good Luck on your claim and are you working and when did yo0u separate?

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  • HadIt.com Elder

It may be, but their answer will most likely be that in the absence of water exercises or some other non-weight bearing activity that diet mod is manageable by you, and therefore the obesity is caused by that and not your SC disability. Good luck!

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It will more likely than not, be totally dependent on exactly what a qualified medical professional

is willing to put in writing for you.

This vet was fortunate, in my opinion.

http://www4.va.gov/v...es3/1025648.txt

FINDINGS OF FACT

1. In a January 2007 rating decision, the RO granted service connection for obesity and obstructive sleep apnea.

2. The competent medical evidence of record does not establish that service connection for obesity, secondary to service-connected residuals of a right ankle fracture, is clearly and unmistakably erroneous.

3. The competent medical evidence of record does not establish that service connection for sleep apnea, secondary to service-connected obesity, is clearly and unmistakably erroneous. CONCLUSIONS OF LAW1.

The grant of service connection for obesity was not clearly and unmistakably erroneous, and severance of service connection was improper. 38 U.S.C.A. §§ 1110, 1131, 5112 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.103, 3.105, 3.303, 3.310 (2009).

2. The grant of service connection for obstructive sleep apnea was not clearly and unmistakably erroneous, and severance of service connection was improper. 38 U.S.C.A. §§ 1110, 1131, 5112 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.103, 3.105, 3.303, 3.310 (2009).

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actually if you read the whole link in Carlie's respone........

Service connection was RESTORED for obesity secondary to Sc'd condition. It appears that the secondary service connection was stopped in error. So yes, it appears that sleep apnea CAN be considered as a result of obesity due to a S/C'd condition as long as a nexus letter is provided

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  • HadIt.com Elder

Yes, it was restored, but I think this vet got lucky. VA themselves have a weight loss program, and even if one didn't move at all or exercise, you can still eat enough to maintain without gaining weight unless you have some of the most specific of situations (hormonal/thyroid, stuff like that). Unless this vet was paralyzed (and even that is a long shot) I don't feel that obesity should be service connected. Im 50% disabled for my lower spine/discs, Im in constant pain, and my maintaining my intake to be less than what my body needs for 320 lbs ive lost 20 lbs in 2 months with little more than a walk at work and drinking more water.

Obesity is a side effect that is easily controlled with little more than mental effort. I mentioned such cases to both my PCP and my regular doctor and both first looked at me like I was kidding, and then said that they would probably never write a connective letter like that because it would irresponsible.

Edited by brokensoldier244th
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  • HadIt.com Elder

Sleep Apnea might be traced to the Disk Disease & Knee problems. I.E. Discomfort wakes you up, you change position, then after a bit of time, the discomfort returns.

You would likely need an IMO from a doctor, and sleep study results.

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