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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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I was recently turned down for Sleep Apnea, secondary to my PTSD. My wife of 45 years wrote a "buddy letter", explaining how bad it has been for those early years forward. It wasn't until about 1998 that the VA did a sleep study and issued a CPAP machine. I have bad nightmares and very restless sleep. I have had 2 more sleep studies since and all the documentation was there, showing Obstructive Apnea.  I am currently 68 and have a scheduler disability of 90%. Ischemic heart disease and diabetes, both added per Agent Orange. The PTSD and Unemployability allowed them to give me the special award and now I am 100% Total and Permanent. (I forget what that extra is called, but you all know).

After the recent denial for the Sleep Apnea, my local service officer (he has been great!) told me to leave it alone. Said you're already getting 100% plus the special award. Why appeal and upset the apple cart. I said I was worried that when I die, my wife gets full spousal benefits for anything service connected. He told me that I am not going to die from Sleep Apnea, per se. You will more that likely be affected by your Ischemic Heart Disease or the Diabetes. He said they are not going to touch me and reduce my 100%+. My age helps. Should I leave it alone? And just be glad I am getting a high award right now.

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Djdan,

Do not "leave it alone"! A coworker of mine's Dad died from SA, he was only 53!!! Fell asleep in an old lawn chair and never woke up.  No, he was not using his CPAP. He must have thought he could go with out for a few days while at hunting camp. Perhaps he could have, if he'd been sleeping in bed.

Your PTSD is directly effected by your SA, and same with your SA effecting your IHD and diabetes. 

Do not "let this go".

Semper Fi

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  • HadIt.com Elder

i agree with Andyman

your VSO is wrong  telling you ''Your not going to die from sleep apnea''

S.A. can cause all kinds of problems &if you have it  do your best to get it SERVICE CONNECTED.

The list of symptoms that sleep apnea can cause is a mile long.

Just recently a good friend of my wife,her  daughter was in there the kitchen entertaining some friends and her mom age 55 was in the next room sleeping and snoring very loud....the mother stopped snoring and about 30 minutes later the daughter went in to check on her mother and she was DEAD......Sleep Apnea, it was the cause of her death...they never knew  her mother had Sleep Apnea  never was diagnosed for it   they thought her mom was just tired and was snoring.

Never under estimate sleep apnea.

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Buck,

I'm so sorry about your wife's friend.  How horrible to find her Mom had passed while she was there with friends. But at least she had immediate support.

Semper Fi

Andy

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  • HadIt.com Elder

Thank you Andyman.

Here is some more regs I looked up about Ageravated Secondary to a SC Disability

§3.310   Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.

(Authority: 38 U.S.C.

Also if equiopoise is  established (meaning) the Dr's & VA are at a 50/50 decision  the decision goes to the veteran  as reasonable doubt is established

 

..................Buck

 

Edited by Buck52
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 However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury.   That is the LONGEST SINGLE LINE OF BS I've ever seen. ROFL!!

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