Obstructive Sleep Apnea Without Diag In Service

[63SIERRA]

Im wondering if anyone has recieved comp for sleep apnea that was NOT diagnosed on active duty.

I was denied but plan to appeal the denial. I initially claimed it as a presumptive condition from the GWI list as " sleep disturbance." va denied me. I have the CPAP machine and it helps but I cant wear it every night due to sinus issues/.

[JT24usn]

It is my understanding sleep disturbances and sleep apnea are two separate things. Meaning sleep apnea wouldn't fall under gulf war.

Sleep disturbances:

http://www.m.webmd.com/sleep-disorders/guide/parasomnias

Sleep apnea ( respiratory or pulmonary issues)

http://www.m.webmd.com/sleep-disorders/guide/understanding-obstructive-sleep-apnea-syndrome. Jhmo

This is also how it is explained to us at ro and how I interpreted it. I'm just low man in totem pole

Edited December 21, 2013 by T8r

[63SIERRA]

That is whats puzzling to me, . in my medical records the heading says SLEEP DISTURBANCE and listed underneath the heading of sleep disturbance, it lists obstructive sleep apnea/.

If osa is not a sleep disturbance than what is it? its not a dream preventer. its not a snoring mechanism.

I sense what the case is is that the VA likes to change the categories to put things in to suit themselves to deny claims.

If the medical doctors and thier own vamc calls it SLEEP DISTURBANCE, how can they change it and say its not when it comes to compensation.

[63SIERRA]

also T8R the first ;link you posted lists SLEEP DISORDERS. not SLEEP DISTURBANCES.

Obstructive sleep apnea would make more sense in the scope of things with gulf war vets because of all of the pollutants and depleted uranium dust particles, tiny sand particles. oil fire smoke, sand mites and on and on, likely damaged out respitory systems, and makes breathing more laborous.

So how the va jumped ship and decided obstructive sleep apnea isnt a sleep disturbance, is totally off point.

They likely jumped off that ship because they could see that there would be way to many claims to pay.,

Every time a gulf war ilness is made presumptive, the va finds a way to get out of paying it, by re labeling the category it falls under. if its was an undiagnosed ilness they quickly find a label for your ilness then deny. its like a shell game, and they keep changing the rules.

when I went see the sleep doc, he told me I had it before I even took the test. Like he was told, to go thru the motions, do the sleep study, diagnose this gulf war vet with osa, then call it done. deny the claim, and move on,.

the va is so blatantly in error of so many things, I could spend a thousand years keeping them engaged, just by using thier own ridiculousness and contradictory processes. Its mind boggling how they operate. If it wasnt so pathetic it would be almost comical.

Edited December 21, 2013 by 63SIERRA

[63SIERRA]

I dont recall the numbers but between moderate and severe.

I never bought the obstructive sleep apnea bit anyway, the brain tell you to breath no matter if your sleeping or not, so if you are stopping breathing, its your brain doing it. its all BS to deny. I can see that people snore because of fat necks,s short necks, sinus issues, ect, but when you stop breathing for abnornal periods of time, and thats what sleep disturbance is, is your BRAIN . Same thing when herion addicts die from overdose, the heroin affects the part of thier brain that tell them to breath. they stop breathing and die.

The va is just experts and changing and manipulating things.

MY VAMC medical records state SLEEP DISTURBANCE/

VA RO says SLEEP APNEA IS NOT A SLEEP DISTURBANCE TO DENY.

Sleep apnea is far more common in veterans than it is civillians. The va recognized this, and started manipulating the terms. They see the writing on the wall, and find ways to deny, by hook or by crook.

WHAT IS THE DIFFERENCE IF A VET CLAIMS SLEEP APNEA IN SERVICE OR AFTER SERVICE?

They deny if you werent diagnosed in service. many sleep apnea patients such as myself never realized what it was, until we were told abt it. Ive likely had it since service, but being it wasnt diagnosed while in service, they will deny. It is not fair. With the wounded warrior program, before soldiers are discharged nowdays, they are told of these things, they know to get an IN SERVICE diagnosis. They then get compensated, for the same ilness that another veteran is suffereing from, but not getting compensated for, because of the only reason that one was informed and one wasnt. things have to change.

If not you know what will happen, every soldier exiting active duty will spend the last 6 months of thier term, getting doctors appts, and racking up evidence/ then the va is going to end up even more swamped with claims all at once, instead of gradually, because veterans dont trust the va to treat them fairly as thier ilnesses and injuries get progressively worse as they age. The va is making veterans a product of thier enviorment, and making things worse for everybody. when you lose the trust and confidence of those you serve, you have lost everything.

Edited December 22, 2013 by 63SIERRA

[meghp0405]

sleep apnea is like any other disability, it has to be diagnosed while on active duty, UNLESS it falls into one of the following categories; presumptive due to certain assignment areas (which it has not been made a presumptive disability), secondary to a current service connection and lastly, or if it is listed in 38 CFR, chapter 1112, which it is not. That is why you were denied.

I would look at what symptoms you were having when you were diagnosed with sleep disturbances. What medication were you prescribed when you were diagnosed with sleep disturbances? Sleep disturbances and sleep apnea is two different disabilities with their own symptomology.

Anyone with a size 16 1/2 neck will have some type of sleep disturbances/apnea, which is one of the reasons why VA is eliminating sleep apnea from the 38 CFR, sometime in 2014-2015, or at least it's what we are being told.

I think I have told you before, any veteran can submit an NOD, but if you do, make sure you have the medical documentation to support your claim.

I have assisted a few veterans that had sleep apnea rated as service connected. They were all on oxygen and had IMO's from pulmonary docs that provided one hell of an IMO as too their condition and providing the nexus. So it can be done, it's not impossible.

[63SIERRA]

thankd Megp Im going to take a closer look at my med recs and see exactly what is notated.

the VA can put whatever spin they want on it but here are the facts/

Sleep disturbances are presumptive for GWI.;

A medical doctor employed by the va, diagnosed me with a SLEEP DISTURBANCE called SLEEP APNEA.

ITS all there in black and white.

YET the va denied me compensation and says under thier " criteria " it isnt presumptive.

A 5 year old child can understand what is going on here.

Same way with scars. VA terminology to deny calls scars SUPERFICIAL. If you look up how scars are described in the =medical community, theres 3 definitons of types of scars, and superficial is not used to describe a scar. vs uses wordplay to downplay severity of injuries or ilnesses. how can a scar be superficial? you cannot have a scar above the skin.. it would be in thin air. If there is a scar, it must be in one or more layers of the skin. When I had my kidney operation they cut thru all 3 layers of skin, thru layers of muscle thru layers of fat, until they opened my abdominal cavity. YOU CANT GO NO DEEPER .!!! the scar is 13 inches long and 1/4 inch wide.

The cp examiner claims it was 0.01 mm long and SUPERFICIAL// you see what they do? that was no mistake. they look in detail for any angle to use to deny you. you must remain vigilant. READ YOUR MEDICAL RECORDS, READ YOUR CP EXAMS, READ YOUR DENIAL LETTERS VERY CLOSELY. look at each sentence as a stand alone statement. does it hold water?. the reason I say read each sentence as a stand alone statement is ive studies how the va writes paragraphs to deny. each sentence is usually very bland with little detail, and they do several of these, but at the end of the paragraph, they will quote a very specific law or regulation, to tie those very bland sentences to to try and convince you that the ALMIGHTY LAW has been spoken and it applies specifically to you, and you are wrong and they are right. BREAK IT DOWN. everything they state must be completely accurate, or you can challenge it.