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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Obstructive Sleep Apnea Without Diag In Service


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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/.

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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

wont effect those that are already service connected at least that's what we are being told. My only reservation about the whole thing is that our 2 houses of politicians will have to change the law a

Sorry to butt in, but I just got back from picking up my cpap machine from the VA and was told to submit a claim by another vet who was there. I wasn't diagnosed in service but I am 50% for PTSD. Wh

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What is the exact wording they used on the denial?

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/.

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I actually read a couple BVA cases where the veteran wasn't diagnosed until some time after service, but the BVA noted their neck size was X in service, and they granted the claim.

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.

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S63,

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause.

  • Undiagnosed illnesseswith symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.

If the doctor diagnosed you with sleep apnea, that is a diagnosed illness. So it wouldn't meet the criteria for being an undiagnosed illness. It explains the symptoms, so they are not unexplained symptoms.

That doesn't mean you wouldn't be able to get sleep apnea SCed under some other theory of entitlement. But if it is a diagnosed illness, it wouldn't fall under the presumptive undiagnosed, unexplained illnesses

38 CFR lists Sleep Apnea under Respiratory conditions though. Did the VA doctor say your sleep apnea is a disagnosed sleep disturbance? Or did he say your sleep disturbance is related to your diagnosed sleep apnea? Did he say it is more likely than not that your sleep apnea started in, or was the result of, your service in Desert Storm?

I think you would need a nexus statement because being diagnosed takes it out of the presumptive (undiagnosed) illnesses.

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.

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meghp0405,

If you can get a buddy letter stating that your buddy observed you displaying OSA symptoms while on AD that may help your claim for OSA secondary to PTSD.

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