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.

[meghp0405]

you will need your sleep study results to accompany the DBQ. actually, if you have your sleep study results, this provides more information that what is required on the DBQ for sleep apnea.

[71M10]

Yeah waking up on the wrong side of the road or in a ditch is a real bummer. Stopped doing that stuff after they put me on a CPAP!

I think you have the evidence sir, and I suspect your doc after looking at the old records will be able to give you the proper ammunition to fight this battle. You might review the section on this web site about IMO/IME's

On the Minute!

[aplcr0331]

Here is the reasoning on why my original (in 2004) claim for Sleep Apnea was denied:

"In February of 2004, while on active duty, you underwent a sleep study at Medical Center. The results of this study were mixed in that the examiner opined that the study findings were consistent with a OSA which is primarily related to simultaneous REM and supine sleep but otherwise you had minimal disease. The examiner was unable to ascertain if you were able to maintain lateral sleep if the symptons were reduced. The examiner recommended that you be further evaluated and that muscle training and weight loss would resolved the problem. Your service medical records show that in June of 2004 you underwent surgery for a septal deviation. There is no further evidence of complaints of, or treatment for, sleep apnea. On January 28 2005 VA sent you a letter inviting you to submit any evidence you may have that this disability is currently diagnosed and that it began in, or was caused by your military service. As of this date we have received no such evidence with repsect to this claimed disability. At the time of your VA examination you reported surgery gave partial improvement. There has been no functional impairment and no time lost from work due to this problem. The examiners assessment was sleep apnea based on subjective complaints with no objective findings on examination.

"A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for suspected sleep apnea, there was no firm diagnosis, and no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, a service connections for Sleep Apnea is denied. There is no evidence in your private medical records which is at variance with this evaluation."

[71M10]

If I read your timeline correctly your surgery was post active duty, was it recommended as a result of a study done on active duty?

I still think this is a winnable case. The standard they indicate is chronic condition. clearly you have been dealing with a chronic condition. They want to say your comment of "improvement" indicates it was resolved (acute). I would get the IMO, you need a board certified sleep doctor to clearly and unequivically state your Chronic sleep apnea began prior to 2004(and they need to state the medical evidence of that), they need to indicate a rhinoplasty was attempted to resolve it, the rhino plasty improved sympotmology for a period of time, but did not correct the sleep apnea, and ultimately the patient was placed on a CPAP after ever increasing symptoms and a MVA. Argue that it has been a chronic condition diagnosed within a year of service, a serious enough condition to warrent surgery which DID NOT fully resolve the chronic disability.

Get an IMO

Edited November 26, 2013 by 71M10

[aplcr0331]

I am being seen by my family physician (who had me do this second sleep study this year) and a Pulminary Specialist for the OSA. Should I have the family physician or the specialist give the opinion? Do i take them a DBQ to fill out? I'm requesting copies of my health record from the VA so I can see what the wording was in the original sleep study that I had while on active duty.

Thanks,

Cory

[71M10]

Specialist generally indicates board certified. However, some pulmonologists are board certified in pulmonology and treat apena but they are not necessarily board certfied in sleep medicine.