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!

this is an excellent point, because Im positive that my back pain causes me to lie on my side sometimes, making it difficult to wear the cpap mask. or on my stomach to try and alleviate the pain. how in the heck can u wear a mask, while lying on your stomach.

Link to comment
Share on other sites

  • 0

You are correct. I see that now. I'm going to give up on it. I'm glad I got the 40% and it looks like I'll get the SMC-K for the ED.

Thanks

doesnt mean you have to give up on it, just change the reason your filing for it, drop the gulf war presumption and orient the claim as s secondary to your back issues . I may do the same thing. like they are quick to say, we as veterans are not doctors, so what do I know. I assumed the sleep apnea was due to gulf war service then discovered that it was more likely due to my back condition. fight fire with fire. play thier game but beat them at it.

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