diabetes Denied Sleep Apnea / Need Advice For Nod

[Rover]

On 2 Nov 2012, I've received Sleep apnea Denial Reason: The evidence does not show a current diagnosed disability. Explanation: Your service treatment records do not contain complaints, treatment, or diagnosis for this.

I've submitted supporting documents from three buddies, wife, and medical statement from sleep doctor ( MD, Ph.D) saying: Given the findings of the sleep studies and history of weight changes (more in the past), diabetes and reported symptoms, it is more than likely than not, that the patient developed sleep apnea while in service. My sleep problems started 12-15 years ago.

Also i included documents from a current sleeping study conducted by the American Sleep Clinic, were my sleeping problem was diagnosed as Obstructive Sleep Apnea.

Note:

1) I am not able to point to any specific problems in my medical records. All three buddies attest to my sleep problems while serving in the Army. 2) The sleep study was conducted in 2011; my initial claim was filed Dec 2010 and denial letter was received on 2 Nov 2012.

3) The sleep study doctor written a detailed medical statement about the current findings, sleep apnea onset, insomnia, sleep study reports, discussed follow up visit and overall assessment.

Prior to submitting my NOD; maybe i should do a sleep lab follow up and ask for another IMO statement.

[Rover]

I due have just one question for you. Are you currently useing a CPAP machine? If you are make sure you let the VA know that. If you do get SC for Sleep Apena use of a CPAP machine is a rateing of 50 percent.

Good Luck

Jim

Yes, I'm using the CPAP machine since Feb 2011 - immediately after the 2-day

sleep study.

[Rover]

I would ask for a post decision hearing. State that you need the hearing to discuss/better understand the VA decision and how the evidence was evaluated. If they will meet with you and go on the record as to why the first opinion from your sleep doctor was not acceptable. It will help you to not repeat the same mistake.

You have a year from the decision date to NOD.

Post Decision Hearing................Maybe I should...........Now, "how do i start this process?"

[71M10]

Send them a letter indicating you would like a hearing to discuss your recent claim decision dated MM/DD/YY.

Keep in mind that this hearing request in no way delays the deadline for filling a NOD, which is within one year of the decision.

Best regards,

[Rover]

Send them a letter indicating you would like a hearing to discuss your recent claim decision dated MM/DD/YY.

Keep in mind that this hearing request in no way delays the deadline for filling a NOD, which is within one year of the decision.

Best regards,

Thanks to all for responding...........