I received my C&P exam results and had a few questions pertaining to it. Any advice, words of wisdom or recommendations would be appreciated.
1. I left the service in 2001 and had not been diagnosed with sleep apnea until last year. The VA ordered the sleep test, verified that I had OSA and has issued me a CPAP that I use. There is one note in my medical records stating I have problems sleeping, but that's it. I filed for sleep disturbance related to the Persian Gulf due to insomnia, waking up, etc.
The doctor's opinion is "The conditioned claimed was less likely than not…" Rationale: The veteran has OSA. Sleep apnea is due to airway closure/blockage during sleep. I am unaware of any Gulf War event/exposure which may cause airway closure/blockage during sleep."
The doctor's statement later in the report is as follows: "He states he has problems with sleeping ever since service. He was seen for this in service, states no treatment was given."
My question pertains to him stating I was seen in service for the issue. Would this be enough to tie in the OSA to being service related? I know it's a guess and up to the rater but it seems like a positive statement to me or at least some ammunition to fight the battle if it gets shot down.
2. IBS - My private gastro doc stated "more or less constant abdominal stress" on a DBQ but the C&P doc marked "frequent episodes". Which will carry more weight? Does the "tie" go to the veteran in this case? There were several other issues where I feel the C&P doc was trying to minimize the severity like on range of motion measurements.
Unfortunately I have to cut this short here but will add more later today. Positive news is ebenefits moved my claim from "gathering of evidence" to "prep for decision" after a year. I know it's not very accurate but it did give me some hope.
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K9MAL
I received my C&P exam results and had a few questions pertaining to it. Any advice, words of wisdom or recommendations would be appreciated.
1. I left the service in 2001 and had not been diagnosed with sleep apnea until last year. The VA ordered the sleep test, verified that I had OSA and has issued me a CPAP that I use. There is one note in my medical records stating I have problems sleeping, but that's it. I filed for sleep disturbance related to the Persian Gulf due to insomnia, waking up, etc.
The doctor's opinion is "The conditioned claimed was less likely than not…" Rationale: The veteran has OSA. Sleep apnea is due to airway closure/blockage during sleep. I am unaware of any Gulf War event/exposure which may cause airway closure/blockage during sleep."
The doctor's statement later in the report is as follows: "He states he has problems with sleeping ever since service. He was seen for this in service, states no treatment was given."
My question pertains to him stating I was seen in service for the issue. Would this be enough to tie in the OSA to being service related? I know it's a guess and up to the rater but it seems like a positive statement to me or at least some ammunition to fight the battle if it gets shot down.
2. IBS - My private gastro doc stated "more or less constant abdominal stress" on a DBQ but the C&P doc marked "frequent episodes". Which will carry more weight? Does the "tie" go to the veteran in this case? There were several other issues where I feel the C&P doc was trying to minimize the severity like on range of motion measurements.
Unfortunately I have to cut this short here but will add more later today. Positive news is ebenefits moved my claim from "gathering of evidence" to "prep for decision" after a year. I know it's not very accurate but it did give me some hope.
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