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

[Fat]

Good useful information...................

[ArNG11]

There are a couple of things that I am waiting on to see how the VA Regional office will handle my sleep apnea claim. Although when I filed my claim for sleep apnea I went on the attack of showing signs and symptoms while on active duty and following in my SMRs from the Guard, Dr. Ellis opinion, the IME/IMO I had from him, linked the connection between GERD and apnea. I am still stumped on the whole "manifesting themselves to a degree of 10% disabling before 2016". Not that I don't understand the law just how the VA can so easily dismiss medical evidence. Also in my sleep apnea claim the NP stated I don't use a c-pap under the apnea DBQ, but when she did the DBQ discussed fatigue, and hypothyroidism she stated that I use a CPAP and wake up refreshed. Mind you I understand why she wrote that, but I don't really see how that is going to fly. You can't dismiss both primary and secondary evidence and relationships between conditions. Also to use the one item to discount the existence of another while denying it exists to begin with. I'm curious if the DRO is going to make the same mistake, and/or if I am going to have to wait until the BVA where it seems most can read and acknowledge evidence correctly. Damn the waits. 90 plus days is all I keep telling myself to find out these answers. DRO time. I'm not expecting a win there but I am curious to see what the VA uses to defend itself for the denial.

Edited January 24, 2015 by ArNG11

[lcplcookba1]

HI! :D

THAT has a better chance since it's organic in nature. As long as you write it up as having difficulty breathing due to blockage, feeling short of breath, constant waking that causes daytime fatigue, etc it will be fine. :)

do you think this would work for chronic Bronchitis lol

[Veldrina]

it could...

[Berta]

I was stunned to find that this vet was repped by my former lousy rep org and succeeded:

But he had a very strong IMO:

"The February 2009 VA opinion was offered following an
objective evaluation of the Veteran's medical history and
treatment, and was accompanied by supporting rationale. The
October 2003 VA opinion, although provided after a review of
the record and examination of the Veteran, was essentially a
bare conclusion, devoid of any explanation. The August 2004
VA opinion was offered based upon the 43rd edition of Current
Diagnosis and Treatment (2004), by Lawrence Tierney, M.D.,
Maxine Papadakis, M.D., and Stephen Mcpahee, M.D, however, it
did not consider the Veteran's medical history and treatment.
Furthermore, the September 2008 private opinion rendered by
Dr. S.S. provided an extensive rationale as to why the August
2004 VA opinion contradicts the authority which the opinion
is based upon. Moreover, Dr. S.S. provided supporting
literature, that showed a relationship between sleep apnea
and PTSD, with which the February 2009 VA Dr. ultimately
concurred.

ORDER

Service connection by for sleep apnea is granted.
http://www.va.gov/vetapp92/files1/9204725.txt

If you can find that otolaryngologist, Dr.
S.S., you might be able to succeed.

I think he might even be in NY like the vet was.

[Fat]

The VA is stating they don't have an incident or similar complaints of Sleep Apnea while you were on active duty.

You will need to comb your records for issues similar to Sleep Apnea and its effects.

The complaints/underdiagnosed issues on active duty are what eventually lead to Sleep Apnea.

Once you have this first part, your claim looks very good.