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Building A Test Case: Diabetes Ii Secondary To Sleep Apnea

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Snake Eyes

Question

Several people here have posted regarding diabetes II service-connection being only open to Vietnam vets. They're thinking of the presumptive connection Vietnam vets enjoy because of exposure to Agent Orange.

It is possible to develop diabetes in-service, though unless you're in Twilight, you probably wold be medically discharged. In my case, un-treated sleep apnea in-service may have contributed to the development of diabetes post-service. I received a provisional diagnosis in-service for the sleep apnea before being deployed to Korea. After that, a brief tour to Hawaii and then retirement.

The VA reopened the original claim and rated the sleep apnea recently. During the time I was researching for a possible appeal, I discovered that there have been several BVA cases where a vet's claim to diabetes II as a secondary to sleep apnea was approved based on the growing body of research supporting sleep apnea as a cause of diabetes -- or in one case, an aggrivating factor. The more well known association goes the other way around, but I have at least three BVA citations that show the diabetes II secondary to sleep apnea... but who wants to fight through the appeals process? Not me (though I may have to). :-)

I'm sure there are vets who've won diabetes service connection as secondary to sleep apnea without going through the appeals process, but if there are, none have spoken up here. I'm creating this thread mainly to document my process of developing a FDC to get SC for diabetes secondary to sleep apnea, along with several other complaints that are caused by either sleep apnea or diabetes -- or both. The first step in this process, as advised by my VSO is to seek out doctors for IMO/Nexus letters. I've faxed all three treeting physicians during the period where the sleep apnea was confirmed with a sleep study, along with diabetes indicators over time. Weight fluctuated, and doesn't seem to track evenly with the development (and that's consistent with two of the cited studies in the BVA appeals.

Remaining Steps:

  • Get complete Diabetes DBQ workup from VA PCM doc
  • Get EMP tests done
  • Get DBQs for the complications (there are several from hypertension to glaucoma)
  • Coordinate the IMO/Nexus letters for the treating docs who agree to do this (get SMR, VA Treatment and Claims File info for their review
  • File FDC with two or more STRONG nexus letters with citations of research studies (and provide copies of the cited studies) as well as the medical opinions confirming that my case matches those study examples

Wait. And then wait some more.

On a separate but sort of related note: My VSO stated that if I submitted the claim -- even an FDC online -- it could take a year or more to complete, but if he submitted it, the claim could complete in as little as 125 days. Anyone know WHY the VA processes VSO submitted claims faster than vet claims? Or is the VSO giving me questionable info.

Snake Eyes
SFC, USA (Ret)

90% -- Still breathing :-)

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"I thought I had it bad.... 'till I looked around me."

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I'm sorry but I do not enjoy having Diabetes II due to Agent Orange. Nor do I enjoy sleep apnea!

Edited by notapb1
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  • HadIt.com Elder

The VA will deny the DM claim secondary to OSA.

A vet who comes down with DMII W/O AO exposure is a rough road.

A new angle would be the presence of certain STatin Meds that are now being investigated for causing DMII. A good medical nexus would be required.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Will be following this closely. In the process now of getting my OSA SC and just diagnosed with DMII three weeks ago.

70% Total Combined Rating
50% Sleep apnea 4/28/2014
10% Patellofemoral pain syndrome of the left knee 03/22/2011
10% Patellofemoral pain syndrome of the right knee 03/22/2011
10% Tinnitus 03/22/2011

Appeals pending for:

MDD with anxiety attacks

Multiple back issues

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Good catch on the "enjoy" wording. :-)

Those who say DM II is only SC due to AO in Vietnam are probably thing in terms of presumptive SC.

None of the BVA cases I found were Vietnam vets and AO was not a factor in those cases.

I'm at more than 20 peer reviewed studies (most with links to other studies which show a causal, if not correlative link between the two. If the skeptics are right, at least we'll have good data on successful BVA appeals and studies we can abstract for our VA doctors.

Thanks to all for the input.

Snake Eyes
SFC, USA (Ret)

90% -- Still breathing :-)

-----------------------------------------------------------------

"I thought I had it bad.... 'till I looked around me."

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The VA will deny the DM claim secondary to OSA.

A vet who comes down with DMII W/O AO exposure is a rough road.

A new angle would be the presence of certain STatin Meds that are now being investigated for causing DMII. A good medical nexus would be required.

J

Stations is definitely another road to consider. I wouldn't be surprised to see a lot of vets with one or both conditions on stations since cholesterol and triglycerides are often right there in both cases.

Snake Eyes
SFC, USA (Ret)

90% -- Still breathing :-)

-----------------------------------------------------------------

"I thought I had it bad.... 'till I looked around me."

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