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Help With Apnea Claim

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I need some help with my appeal for sleep apnea. I just got turned down because I didn't claim it while in the service. I was a plane captain onboard the USS Independence from 70-71. We didn't get sleep anyway so I didn't notice anything until years later. Even at that, there were a hundred things to blame lack of sleep on. It wasn't until about 6 yrs ago my neuro dr. suggested testing for apnea. Found out I have severe apnea. Also i have 50% for ptsd. Any help would be appreciated.

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If your neuro doc is also certified in sleep medicine, have he or she review your service medical records, you may have some health problems recorded that indicate Sleep Apnea had already started. If they do find items they need to write a medical opinon that indicates they beleive your sleep apnea started in service and they base that opinion on the following medical facts(then list in order). They should also address that in-service diagnosis was not made and explain why. In your case, in 70-71 almost no-one was diagnosing and treating sleep apnea. Make sure the physician is completely appraised as to the sleep environment and any sleep fragmentation that is caused by service shifts or standing guard (if applicable).

Apnea from 70-71, diagnosed within the last couple of years is going to be really hard to get without an airtight nexus and diagnosis. With apnea untreated that long you are lucky to be alive. Hang in there!

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You might even have some info in your 201 personnel file if you ever were late for duty or hard to wake up...or drowsy on the job.....

Also you need to see if your ship's unit has a web site . Buddy statements that support you snored heavily during sleep could help your claim.

But as 71M10 said, you need an air tight nexus

However the BVA has made some awards of OSA (sleep apnea) as being secondary to PTSD in some cases:

“After a review of the evidence, the Board considers the 
opinions rendered by the February 2009 VA examiner and the 
private physician in September 2008 to be the most competent 
and probative evidence of record on the question of whether 
the Veteran's current sleep apnea is related to his service-
connected PTSD.  Therefore, secondary service connection is 
warranted for the Veteran's sleep apnea by aggravation due to 
his service-connected PTSD.”
ORDER

Service connection by for sleep apnea is granted. 

http://www.va.gov/vetapp09/files2/0918715.txt

There is info here at hadit as well as on the internet of the association between PTSD and OSA.

These types of claims need a strong IMO to support the nexus of the PTSD to the OSA.

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more importantly, you will need to research 38 CFR and what it had as ratings for sleep apnea during that time frame. I'm not sure SA was even a disability back then. You will need an extremely strong nexus and because of the years involved, I wouldn't be to optimistic (just my honest opinion sir).

The PTSD may be a way to obtain SA as a secondary condition, but again, you will need a strong IMO. When a Doc does an IMO, they have to describe their medical analogy as to how they came to the decision he/she did.

If you have the IMO(s), submit the claim by all means!

Good luck!

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I see you are a RVN era Veteran. Are you service connected for DM II or any other conditions besides PTSD. The VA is really cracking down on the sleep apnea cases and they are very hard to get S/C for unless you had your sleep study during service. However, there are some new studies out there, showing sleep apnea due to obesity, and obesity is linked to DMII and PTSD as obsessive eating is a symptom of DM and PTSD. This connetion is obsessive eating "t be considered a form of self medicating" for both of these conditions.

If your private doctor will confirm the diagnosis with a sleep study, and then link the study to excessive eating causing obesity, or excessive eating due to PTSD, then you might be able to get this S/C. Otherwise, I think you are fighting an uphill battle with VA S/C your sleep apnea. They will not do it without you getting an outside opinion, it will take a very strong IMO with a DBQ and sleep study to get this one Service connected.

Edited by harleyman
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I was able to receive SC for OSA secondary to PTSD with a strong buddy letter describing my OSA symptoms in service. Note that I was diagnosed with OSA 2 years post service via a sleep study, and had my doctor write a letter stating the my OSA likely started while I was onAD.

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