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

[NavyWife]

Yay Veldrina! I'm always so happy to see your posts!

What are your thoughts on sleep apnea secondary to a deviated septum, due to broken nose in service? And if so, how should a vet write that up?

[Veldrina]

Yay Veldrina! I'm always so happy to see your posts!

What are your thoughts on sleep apnea secondary to a deviated septum, due to broken nose in service? And if so, how should a vet write that up?

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. :)

[thomasc]

Has anyone heard of sleep apnea being rated secondary to GERD? GERD acid attacks and sleep apnea seem to have similar effects on breathing. Stomach acid can cause some physical damage in the throat.

[Vync]

Has anyone heard of sleep apnea being rated secondary to GERD? GERD acid attacks and sleep apnea seem to have similar effects on breathing. Stomach acid can cause some physical damage in the throat.

Might be possible, but look at the mechanics. In SA, the tongue pushes the uvula closed. In GERD, you have acid regurgitating back up to possibly as far as your mouth. Imagine what happens to your esophageal tract after years of acid erosion. The trick is to get a well-written nexus statement written by a physician, preferably an expert in their field.

[Okichewy1]

My VA doctor wrote me a NEXUS letter stating that my OSA was linked to my hypertension and hypothyroidism. Claim was approved within 2 months no C&P required.

[ArNG11]

I had a doc reference my SMR and private medical records as showing signs and symptoms of sleep apnea. Confirmed use of CPap and secondary connection to GERD. I haven't gotten the results from that IMO/IME. However, there are many medical journals that discuss the relationship between the diseases.