ptsd Sleep Apnea Claim And Appeal Denied

[mojo13]

I put a claim in for sleep apnea back on 3/15/2012 was denied on 7/10/2012, letter of disagreement was received by ro on 7/16/2012. Today my appeals was denied a/o 3/27/2013. I was sent va form 9 and a form called optional appeal hearing.

Here is my question, now that I have been denied my claim and appeal should i now continue to the BVA by returning these forms with my reason as to why I have live with this problem for many years. I remember my team always complaining about my snoring when I was over sea. I thought i just was a hevey snorer I never heard of sleep apnea till i was diagnous by the va with a sleep study. They say they have no record of me having sleep apnea in service, dear god I never new what sleep apnea was let along go to sick bay. For many years I live with it till i was diagnous with PTSD. Betwwen my snoring and nightmares and tossing turning all night my wife just could not take it any more, so for years I sleep in another room. My kid when they lived home would hear me though the walls. I feel I had sleep apnea even though I did not know it and was made worse by my PTSD. Should I send these forms in tell them my story and hope for the best.????? all over again but this time to the BVA.

[x020574]

I don't mean to sound crude, but we can believe it all we want. If you don't have it recorded in your SMR, you will need a very strong NEXUS showing how your SC disability has caused or aggravated your Sleep Apnea.

I'm assume you have had a sleep study done... was it done/dx before your dx of PTSD? Do you have a CPAP machine?

[Berta]

X020574 is Right...and attempt to get some buddy statements from your unit,from anyone who witnessed the loud snoring.

"I remember my team always complaining about my snoring when I was over sea."

We have info here at hadit on buddy statements.

They need to be an eye witness account and from someone obviously who slept in the same area you slept in.

You can access your unit on line and perhaps find someone there you know.

Check any Reunion rosters too at any of your unit web sites.

You will,in my opinion, need to get on Independent Medical Opinion as well. Make sure the IMO doctor has all of your military records, SMRs as well as 201 Personnel records.

People with sleep apnea can oversleep and then become very fatigued during the day.

Were you ever late for a Duty station? Did anyone in the Mil ever write you up for falling asleep on duty or showing great fatigue while on duty?

If you are claiming the SA as secondary to your PTSD, or aggravated by the SC PTSD, that too would need a very strong medical opinion.

I am anxious to see your answer to XO's question on the CPAP machine.

This recent BVA decision is a denial for SA as secondary to sleep apnea and might help you determine what evidence you need:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files1/1303396.txt

This veteran however was granted sleep apnea and had claimed it to "include" ....as secondary to his PTSD, but the BVA awarded on a direct basis to his service.:

It is Always a good idea to raise more then one reason for service connection.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files5/1145915.txt

The issue was presented as:

“THE ISSUE

Entitlement to service connection for sleep apnea, to include as secondary to posttraumatic stress disorder (PTSD).”

The BVA however awarded OSA on a direct basis to his service. Some of the evidence used was :

In part:

“The Veteran wrote to VA in July 2008 and stated that his sleep had not been the same since his most recent deployment. In August 2008, VA issued formal finding on the unavailability of the Veteran's service treatment records. In March 2009, two service members who served with the Veteran in Persian Gulf wrote to VA and asked the RO to grant his claims for service connection for PTSD and fatigue. “

“A May 2005 document from the United Parcel Service reflects that the Veteran was terminated from his employment for falling asleep on the job. In August 2005, a VA physician ordered a CPAP machine for the Veteran.

The Veteran indicated on a May 2007 VA mental health questionnaire that he experienced trouble sleeping more than half of all days. He provided testimony before a decision review officer in May 2007 and reported that he became aware he was experiencing a sleep disorder when he returned home from his most recent deployment. He testified that his barracks-mates complained to him about his snoring. He also stated that his wife informed him that his snoring had worsened and that he stopped breathing on occasion while sleeping. He sought VA treatment after receiving this information from his barracks-mates and wife and experiencing increasing daytime sleepiness. He reported that VA physicians had diagnosed him with OSA and prescribed use of a CPAP machine. “

This part bears repeating:

“A May 2005 document from the United Parcel Service reflects that the Veteran was terminated from his employment for falling asleep on the job. In August 2005, a VA physician ordered a CPAP machine for the Veteran”

The veteran was represented by VFW and I sure hope, if he didnt attain substantial gainful employment after the PO job terminated ,that the VFW made sure ,in my opinion, that he also filed for TDIU,if his continuous medical; records ( and an IMO) would support that type of claim.

[mojo13]

Yes have had a sleep study, I do were a CPAP mask and it was all discovered while being diagnous for PTSD with depression and anixity. Thanks for your comment

[mojo13]

Thank you very much Berta, its a start.

[stillhere]

Mojo you kind of have to remember some help more than others and just flow with it. That said sleep apnea is not a presume so we have to go at them with paper work to get it granted. I personally feel also that because it is rated so high (50) with a cpap that the VA almost has to be in your bed room.

I hope you have a copy of your C-file and medical records because if you don't your behind a rock and a hard place.

Take your C-file and good through it page by page! I know how it is with PTSD and it ain't fun but you have to do it. Let your mind wander a bit for say yea I remember when I was sick with that, and the first sg made me do that. But any how you get what I mean. And like Berta said any buddy letters your wife if you were married during or before.

After that send in the 9 form and see how it goes it will be a long wait.

Stillhere

[71M10]

Un explained onset of hypertension in your SMR may be related to Sleep apnea. Did they computer you body fat percentage using that tape measure system while in service? If you have a neck greater than 17 inches this can be a clinical indicator. Did you have any weird EKG's or heart issues????

All of these could be an indicator of apnea, but you will need a nexus statment from a physician.

Best regards,