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How To Service Connect Sleep Apnea And Other Sleeping Disorders

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neferaM

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brothers and sisters in arms. I developed sleep apnea during service and on thing I am having problems with, is to service connected. I served with the 4ID in Iraq and once we returned to Ft.Hood, the Division was moving to Ft.Carson. Everything was so fast. I was put out the Army two months after our return. Everything was so fast that I never got a phase II phisical. The Army made sure I was out, but I didn't make sure I was getting out with the proper evidence. Now I have sleep apnea. Hard to prove with out evidence (like everything with VA) now I also have ptsd and it seems that I will get a rating. My sleep study is on Monday. What proof can I show VA at this point to garantee a service connection? Does my ptsd will come in to play? Any advice is welcome. Thank. BTW I am looking to service connectee legitimately, I don't want any lies or tricks, so ...please refrain from offering twisted ways to get benefits. Thanks for any advice.

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BTW I am looking to service connectee legitimately, I don't want any lies or tricks, so ...please refrain from offering twisted ways to get benefits. Thanks for any advice.

Lies, tricks, coaching, etc . . . is highly frowned upon here.

In most cases "twisted ways" are what vba uses - to deny benefits.

jmho

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Phillip and Carlie, are on the money bud. Just get some buddy letters, or statement from your spouse or significant other, that states what issues you were having. Also, I have seen multiple Vets win SC, based solely on the fact they were never given a proper discharge physical, and not documented otherwise. Good luck either way, and we are always on here to help a good Vet when they need it. I am not an expert, but there sure are quite a few on here.

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Hello and I want you to know that I fully agree with Carly that it's the VBA that uses twisted techniques to deny veteran benefits. Rest assured you will get reliable advice from those of us who have been in the trenches against the VA for years. As a veteran it is your full responsibility to win your claim, no one here can do it for you...you are your best advocate because we do not know all the event of your service. You have to do your own research and learn all the tools available to assist you in winning against the VA.

Hadit is the best site to be on to learn how to do so. Follow the leaders adivce---get buddy letters also known as credible lay evidence. If you know how to contact those who served with you then please do it. If you have sleep apnea? The sleep study will prove it. In the end the intake questionnaire and Dr. interpreting your sleep study, my give you a good evaluation based on your oxygen desaturation and number of times you stopped breathing (apnea events) and write an opinion that favorably supports your claim.

Some SA secondary to PTSD claims have been granted but in turn others have been denied. Good Luck and read the VBA post below.

The usefulness of IMO to establish rating for sleep apnea secondary to PTSD

In a recent decision by the BVA (FEB 2 8 2014 DOCKET NO. 11-09 193) the board reiterated the importance of an IMO supported by medical literature in establishing service-connected disability for sleep apnea secondary to PTSD the board held:

“The Veteran had a VA examination in October 2009. The Veteran reported sleep apnea with an onset two to three months earlier. The VA examiner opined that, per medical literature review, sleep apnea is not caused by or aggravated by the Veteran’s PTSD. The VA examiner stated that the basis of the opinion was the review of medical literature. The literature was not specified.

At the Board hearing in March 2012, the Veteran testified that his therapist has told him that PTSD aggravates sleep apnea because he has nightmares and dreams in his sleep. The Veteran testified that he has anxiety attacks in his sleep that keep him from catching his breath. The Veteran testified that he has used a CPAP machine for about four years.
In this case, there is positive medical evidence which links the Veteran’s current sleep apnea to service-connected PTSD via aggravation. The most probative opinion is that of Dr. T which not only provided a link between the Veteran’s PTSD and sleep apnea (by aggravation) but also was supported by submitted medical literature. Despite the negative VA opinion, in light of the positive medical opinions from the private psychologist, the Board finds the evidence is at least in equipoise regarding whether the Veteran's sleep apnea is aggravated by service- connected PTSD. Accordingly, resolving all reasonable doubt in the Veteran's favor, service connection for sleep apnea is warranted. - Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C.A. § 5107(b).

ORDER
Secondary service connection for sleep apnea is granted.”

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Excellent advice above.

In your buddy letters and spousal statement, ask them to be specific when describing symptoms (snoring, snorting, stopped breathing, gasping for air, sleepiness during the day, etc.) and detail when and where they observed or heard your symptoms. During the first year after discharge your civilian co-workers may have witnessed symptoms and could provide statements.

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Hello Again neferaM, the earlier research information came from Dr. David Anaise who is a Physician and Lawyer website you will find some great information there.

http://www.danaise.com/index.php/veteran-disability/11-veteran-disability/34-obstructive-sleep-apnea

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