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

[jeffperry1134]

I was told for my case not to even apply since there was no diagnosis in service. I did not even know what it was in the service. I was going to apply for it secondary to the PTSD. I use a CPAP from the VA.

[Valhalla0321]

OSA,

I have a DRO hearing this week for OSA, NavyWife and others have helped me prepare my case and other contentions. I had a different name and profile here in Hadit, but google.com found me and some people got to my comments on google.com that i rather them not, so i changed the name, but those who remember me would by

I fell about 9feet to my face, broke my nose, teeth. I had disfigurement to face, caped tooth and injuries came from that fall. This was in 1998, i did not persue a claim specific to OSA and others because i did not have direction and like commented above, i did not know what snoring really meant.

I have been denied OSA 3x, i was never diagnosed in the Marines, so it's been a uphill battle. I tried to relate it to a broken nose, but after the VA saying i broke my nose, i did not brake my nose.. .it could of healed.... and or the xray was down at time of fall (well of course.. i was on a exercise in a remote area(look up Force Recon) so the VA doctors ran with my case of a no evidence of this ever happened but if it did, per DAV DBQ MOpinion states OSA cant happen from a broken nose that probably healed in time...

Well, for everyone and NavyWife.. i have been on a journey from 20% to 30% to 50% to now 70%

The VA did link headaches in service backed by my postrating attack headache log of 2 year daily records , they first tried to bate me into 30% and i NOD'd that and as of yesterday got a 50% a coincidence because yesterday the SSA denied my SSDI.

ALL i need is some DR. to follow me for 72 hours and see how my life is... Like i can't work, can't sleep, i have a 11 year old only Child that i say .. sorry i can't play with you now because Daddy has a ... im not feeling well... but the VA does not offer this conclusive evidence, all i can do is pray.. or email VA upper echelon which has helped and hurt my sit.

So my OSA was denied.. i am taking another alternate path and it all came coincadently.

My X and i do not see i to i.. I have full total custody of our Child so there is no way i could ask her to write a letter about my Snooring, which she new about and persisted since Military i get help for it and i ignored that.. shame on me!!

Well it appears She wrote a huge letter about why i dont get help for this, that our Son tell's her i sleep with the VAder inhalater (cpap), she wrote a huge email about this happened after my fall/injury and wrote about stopping breathing and more data. .it was a huge email about my OSA.. so i thought maybe the DRO will entertain this... I mean.. She was with me in the Marines during and after.. i never had a snoring problem until i fell.. well i hope for the dots to connect and stars allign, but its up the VA if they even will consider this Letter.. i think they should and if they do, here is one more piece of evidence.

Since Facebook and google.. i have been able to find the DR who treated me after my fall and a Corpsman who was assigned to my Team, He is a Major in the AF and wrote a nice letter about how i would keep everyone up at night in a open squad bay because of my OSA..

I only hope that this might help me, i mean.. it happened in service and who better to write a letter then my X and my Corpsman.. they were my bread and butter...

Also, these were emails.. one formed into a letter from the Major and email from X

And not sure why, but the VA did not even consider a DBQ from my treating VA Neurologist, This Dr. was the one who followed up with my OSA study and wrote not broken nose comments but that he reviewed my SRB I stated that i had a sleepiness sleeping problem and put the date of service and related it, he is the VA's Chief Neurologist in a specific location i was treated.. that alone should be enough but i guess it was overlooked or not even entertained.

Comment if you can Hadit :-)

Thank's Everyone

Edited April 16, 2015 by Valhalla0321

[jeffperry1134]

I wish you luck on your hearing and will pray for you.

[Valhalla0321]

A recap in prep for DRO hearing (round2) i went in December 2014=denied

All i have is the two letters about me snoring in Military/After injury during Military service and afterwards. A letter from a Major who was my corpsman who recounts the snoring in open squad bay and the x wife who writes and full fledge email unbeknownst to my claim with VA about my snoring in effect to after my injury which includes my apnea.. and stop breathing.

I also have a DBQ written by the Chief Neurologist of the VA, who writes the dates of service were it shows the nexus of sleepiness and related OSA The verified and viewed the SRB i had and indicated the exact date on DBQ.

Other than that andy suggestions from you all to what and how i can propose in support to my decision will be greatly appreciated.

Thank you all.