Original Claim Denied - Still Having Sleep Apea Issues

[aplcr0331]

My original claim was filed in 2004 after active duty. I had a sleep study done in 2004. Doc said I needed rhinoplasty. Had surgery in 2004 and then never had another sleep study done. VA denied SA claim saying that I did not have sleep apnea (is this because I was not wearing a mask?). Now this year sleep apnea is worsened (I'm not sure it every went away) and I have to wear maske. Can I refile for service connection for sleep apnea? Another issue is that I'm in the Air Guard and they are putting me through DES for non-duty disability. They are claiming my OSA and depression are grounds for administrative separation.

Not sure even where to start.

[Philip Rogers]

I can't help you on the AD stuff but you should be eligible for care/treatment and compensation for the sleep apnea. It sounds like you dropped the ball by not pursuing the original claim. I don't know why they denied it. They should have done a sleep study.

pr

[aplcr0331]

I can't help you on the AD stuff but you should be eligible for care/treatment and compensation for the sleep apnea. It sounds like you dropped the ball by not pursuing the original claim. I don't know why they denied it. They should have done a sleep study.

pr

I guess I did drop the ball. I figured a Doctor telling me surgery would work for the SA would be ok advice to follow. It's an interesting situation to be in. Thanks for the reply.

C

[Philip Rogers]

I would complain to your primary care doc that you're having trouble staying awake during the daytime. Have him request another sleep study. jmo

pr

[71M10]

If the Doctor Diagnosed you with SA in 2004 (within a year of seperation) then you have a diagnosis. They are probably trying to indicate it was acute and resolved with the surgery. You need an IMO from a doctor that unequivically states your current sleep apnea is a progression of the same chronic disorder you had in 2004. They should then state a medical reason why they know this is the same condition (failure rates on surgery, BP readings, other medical indicators). Statements from people who may have observed you having breathing problems between 2004 and present. They should have done a C&P and a sleep study to determine your current disability level.

[TiredCoastie]

Phil Rogers and 71M10 are dead on in my book. If you're wearing a mask at night with a CPAP/BIPAP, etc, then someone must have ordered a sleep study between 2004 and now. Your IMO should then state that the surgical solution didn't work - a doctor told me once that only 50% of them do - and not only do you have OSA, but it's worstened. This pile of medical records with an IMO seems to me to be the best starting spot with the VA, especially trying to establish service connection back to your stint that ended in 2004.

I'm not familiar myself with the DES process with the various forms of the Guard and if it's significantly different from active duty and reserve. However, one would think that if you are discharged for those conditions, it would add significant weight to any claim you file, especially if you can show that the conditions were either present during your previous AD stint or within a year of 2004 when you discharged or worstened during your time in the Air Guard (like OSA) or caused by/started during/was worstened by your time in the Guard (depression). I don't know the rules for National Guard and VA disability, but checking those out would be a good first step to address a possible discharge for those conditions. From my experience with DES in a different service, entering the process is not a sure fire that you'll wind up discharged at the end of the process, especially if you and your unit's command actively fight it. Found this link on a Colorado Air Guard website that seems to indicate the processes are the same across DoD and National Guard elements --

http://www.dtic.mil/whs/directives/corres/pdf/133218p.pdf

Hope this helps. Keep getting treatment for those issues!

Edited November 6, 2013 by TiredCoastie

[aplcr0331]

Thanks everyone. Yes I had a recent Sleep Study done by my civilian provider. I had been falling asleep at work and I actually fell alseep driving and went off the side of the road. My wife freaked out about the accident and made me go to the Doc. After the sleep study done this year is when I got the CPAP. I'll have to dig up my medical records from the surgery back in 04 and present those to my current civilian doctor to see if he can write something up linking the two sleep studies.

Should I have my civilian doc do a DBQ for sleep apnea?

Cory