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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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Harleyman

When you say they are cracking down on sleep apnea claims...what does that mean? I am waiting on my BVA appeal on a sleep apnea claim. Does that apply to the board as well? Was diagnosed with OSA 89 days after I retired. Nothing in smr.

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joeyjoeyb

the va has plans to do away with sleep apnea disability around 2014-2015. They are being extremely tough right now on OSA claims. If the OSA wasn't diagnosed while on active duty you have a high probability of this claim being denied.

Again, there are some veterans that have had a STRONG nexus letter that has had these claims approved as a secondary condition to a service connected disability; ie; PTSD, respiratory/pulmonary issues.

As it stands right now, much of the workforce at VA has been furloughed effective yesterday 10-8-2013. So now that it took forever to get a claim thru the system, no one has any type of answer on how long these claims will take.

Edited by meghp0405
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If the law is changed, the VA has to follow the rule that had been implemented in 38 CFR and the M1-21. IF, VA does away from sleep apnea, I don't see this as an issue, because if a claim for OSA arrives at the VBA after the law has been changed for OSA, the BVA will have no recourse but to follow the law and deny the OSA. JMHO

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I do not see how the VA "can do away with sleep apnea". Even if they do not have OSA listed as a specific disorder they will then have to rate it by analogy. They may want to get rid of it, but wanting and doing are two very different things. I do not see how they can say they will not recognize a disability that if left untreated has the potential to kill you. If they think they are going to issue zero percent ratings for people on CPAP, then they will have to justify why people with missing limbs that have essential function restored by prosthetic are not on a zero percent rating as well. The fact that a discussion of doing away with Sleep Apnea seems to be a discussion in the operational areas of at least on RO with no corresponding official announcment or posting in the Federal register certainly seems to imply that the VA continues to have published rules and unpublished rules.

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