Denied Sleep Apnea Claim, Looking For New Angle

[bfd2100red]

I was denied OSA based solely on itself and just yesterday I was denied again of OSA secondary to Anxiety w/ Panic Disorder (50%).
The VA totally dismissed the Army buddy statements and my psychologist thinks apnea only happen to fat people (6' 210lbs), but I haven’t talked to my psychiatrist yet...

I was diagnosed by the VA with OSA in Jan 2013 and have been denied twice now. (Seperated active duty 2010)

Does anyone have a game plan that I could use going forward? Doctors I should get statements from?

The VA's rationale for denile:

...your service treatment records fail to show any complaints, treatment or diagnosis of OSA while on active duty.

Lay statements are credible reports, but not credible medical evidence that your OSA was incurred while in the service or that the current diagnosis is related to your military service or service connected disabilities.

A VA sleep study determine on January 9th 2013 you participated in a sleep study and diagnosed with OSA. These records fail to relate to your OSA to your military service or service connected anxiety disorder.

The anxious state is a conscious state, when motor tone is also present and obstruction of the airway as described does not occur. OSA is apparent on,y when the patient is deeply asleep and motor tone is lost, a non-anxious state. Additionally anxiety cannot influence or aggravate the soft tissue of the hypopharynx as seen I'm OSA

[Pete53]

Welcome to Hadit

[63SIERRA]

What all are u presently service connected for, and do u have any chance of getting any back or leg or neck problems service connected, or anything the changes the position in which you sleep. like if you are forced to lie on your side instead of your back, because of hemmeroids or something. that could be a reason . you will likely have to win it as a secondary .

unless u have something in your in service med recs that point to sleep apnea, its a very hard claim to win as a primary claim , most are won as secondary. good luck.

And it sucks big time because many of us had it, but didnt know it in service, so now, active duty troops are going on sick call for it before they get out and presto, 50 percent rating.,

Edited June 9, 2014 by 63SIERRA

[vern2]

Yes, I did TAP briefings for over 8 years at Eglin AFB, 04-11, and encouraged all SM to get tested for OSA b4 they separated. Guess what, VA claims and awards for OSA increased dramatically, due in no small part to my efforts!!

Vern

[63SIERRA]

they didnt even know what sleep apnea was when I got out.. HEY that might be an angle .!!!

[NavyWife]

The denial letter is saying that you need a nexus statement that links your OSA to your military service or to your anxiety. You will need an IMO or IME for this. Research those terms here on hadit or with a google search.

[Gastone]

Red: If your @ 80%SC, Check ou TDIU. !00% even if your not 100% Schedular. Earned income must be less than 1 person poverty level income. A denial letter from VA Vocational Rehab saying your SC conditions preclude you from participating in VocRehab, is GOLD!

Now, I'm SC SA use breathing machine 50%SC. At your current 80%SC, the 50 would get you to 90% pay rate. Go for IU!! Check out the requirements per 38 CFR 4. If you qualify now or in the future, FILE a CLAIM! It appears to me, this is your fastest route to 100SC.

From your post, it appears your SA hasn't been "linked" to any of the SC conditions that are listed as a possible"More likely than not" as a possible cause of SA. I lucked out, SA DX'd 2 yrs after AO presumptive CAD DX. My outside SA Neurologist helped me with a DBQ stating that my Mixed OSA was "more likely than not, directly caused by my SC CAD."

Good Luck

Semper Fi

Gastone