Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Is It Possible To File For Sleep Apnea

Rate this question


BklynVet

Question

Hi,

I was chatting with someone at the DAV and we talked about my transferring my care to the VA. I told him that I was satisfied so far because they discovered I had sleep apnea and I get a machine to help me sleep. By the way, that thing is great. I sleep like a baby and wake up so refreshed.

He asked me if I filed for it and I said 'no'. I am 20% for degenerative joint disease lumbar spine and 10% for right L5 radiculopathy. He said that I could file as secondary for the back problems because it can be tied together. Here's the thing though. I don't have any record of it while I was on active duty. He said that it doesn't matter because I could say that the back problems changed my sleeping position due to pain and discomfort and that caused me to develop sleep apnea. I was discharged from service back in 2003. I was just diagnosed with OSA in February of this year.

Is this true? I don't want to waste my time going through the process only to fail. I did some Google searching and it looks like back problems and sleep apnea are connected but does the VA think so?

Thanks

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

Yes you can file for Secondary connection for sleep apnea due to back pain/altered biomechanics. That said, you should have a medical opinion that states your OSA was caused by your back condition or makes it worse. If you do not have a physician on record that your SC condition caused the Sleep apnea or makes it worse I don't see much point in filing until you have a medical nexus.

The bigger question here is do you think that your back condition caused your sleep apnea or makes it worse?

Welcome aboard!

Link to comment
Share on other sites

  • 0

Hi,

To be honest, I never even knew I had sleep apnea. My first wife complained about my snoring and the breathing issues but I never thought anytime about it. My current wife is a respiratory therapist and she said that I needed to get checked out and I did and they said I had sleep apnea.

When I sleep on my stomach or side,i don't snore but I can't sleep that way because I get a 'dip' in my mid section that causes pain. I never slept on my back until I hurt it but that position keeps my body straight and my back doesn't hurt. The only problem is that I snore and have the apnea problems in that position.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

As I got older and could not exercise due to foot problems and neck and shoulder pain I put on weight. That is a big issue in Apnea. I am signing on at a weight loss clinic to lose as much weight as I can because I did not always have OSA until the last 5 years as I got fatter. I don't use the word "heavy" or "big" because it is fat. I am fat and I have never been fat before. I was a skinny adult until I hit 50 and started to have physical SC problems due to AO. Pain meds and antidepressants can really put the pounds on you. I may just call Dr. Bash and see what he can do. My OSA is bad and I don't do really well with the cpap. I try let me tell you. I have not had surgery but that is next. If I sleep three hours straight it is like the Rapture.

John

Link to comment
Share on other sites

  • 0

That's excellent advice and experience above.

It is possible to get buddy letters or letters from your wife that discuss when and how you slept...especially if your snoring and gasping for breath in the middle of the night woke someone else up. If you can get something like that from your time on active duty or associated with when the back pain got to be too bad, that would help your cause. Certainly nothing is going to tie this together for you without a solid nexus from a medical specialist who focuses on the problems you have, though. If you're dealing completely inside the VA Medical System now, you could struggle to get the support you need to make the case.

Be wary of what NSOs may tell you. I had one tell me once that I'd be rated 100% in 60-90 days through this new FDC filing....five months later my claim was decided but my overall rating didn't change. I'm sure the DAV rep you spoke with meant well, but good intentions poorly executed have caused more trouble in this world than they solved.

Link to comment
Share on other sites

  • 0

Sleep apnea is hard to get connected unless you were documented in service/

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use