Sleep Apnea

[Soldier81]

My appeal for sleep apnea has a five year old effective date in April. I originally filed for the claim in April 2010. I had a C&P examiner that either doesn't do her job at reading STRs or just had something against my claim which is be. The examiner should do what the law says and her job entails. She stated that there was no mention of my sleep disturbances and excessive snoring or waking up at night having to readjust in order to breath. However after the denial I sent evidence of just that to the BVA. They decided to remand it back to the RO with these instructions

If the September 2010 examiner is available request that the VA examiner offer an addendum opinion regarding the Veterans sleep apnea. If the 2010 examiner is not available schedule the veteran for another examination.

The entire claims file must be reviewed by the examiner in conjunction with the opinion. The examiner should confirm in the examination report that she she has reviewed the folder in conjunction with the examination.

Therefore the examiner should opine as to whether it is at least as likely as not (50 percent chance or higher) that the Veterans sleep apnae had its onset during, or is due to service.

The opinion should specifically address the veterans March 2009 diagnosis of sleep apnea which occurred prior to his weight gain from 207 to 242 pounds.

The opinion should also address the reported instances of snoring and difficulty sleeping contained within the Veterans STRs.

Then readjudicate the issue on appeal. If any of the benefits sought on appeal remain denied furnish the Veteran and his representative with a supplemental statement of the case and afford them the opportunity to respond before the file is returned to the board for further consideration.

Another thing wrong with the C&P examiners opinion was that she tried to make it look like weight gain was at fault for my sleep apnea stating I gained 35 pds from 2008 to 2010 but I weighed 207 pds during my sleep study in 2009. I stand 6 ft 3 inches tall 207 pds is not fat by any means. The remand is in the decision approval status anyone know how long it generally takes to finish up. Straight forward non jealous feed back is much appreciated. If you come off like a jealous jellyfish green with envy then I will just blow you off.

[Notorious Kelly]

Sorry this is taking so long, Soldier.

(and try not to give weight to some of us who are rough around the edges in replying.)

Although all C&P examiners state "I have fully reviewed the veterans records", if you look at when they arrive for your exam and how much time they spend looking through your file, it is clear they are lying.

That's why it's important to spell it out clearly like you did as the BVA acknowledged.

At my last C&P there was a stack of colored papers that was prepared for the examiner by the VA claims people. That may be the only thing the examiner reviewed and it could certainly be prejudicial.

This is The System we deal with.

Sounds to me like the BVA is kicking them in the butt so hang in there and win this!

[Navy04]

Sorry to hear of your issues bud. I am dealing with multiple issues that those idiots just keep looking over even when I submit DBQs etc. Good luck and hang in there.

[USMC_HVEQ]

Sorry to hear of your troubles. May I ask, in your service medical records, did you have a diagnosis of Sleep Apnea? When did you get out? I see you stated you had a sleep study in 2009, so was this in service? If so I dont understand the denial other than them wanting you to connect the dots for them via an IMO nexus.

I too have OSA and had a sleep study in 2010, I applied in 2009, since I had a very good idea I had it, I gain massive amounts of weight but multiple things affect it (PTSD, bad diet, lack of exercise, OSA, whatever else) but I was out and I complained for 5 yrs to get a sleep study to at least rule out sleep apnea. It wasn't like I was looking for it. In my case, I was out and other than saying I was having sleep issues, they were denying the connection which would require me to get an IMO around 1500 and since I just got 100% P&T, I dont think it is worth the fight, even though they issued me a CPAP and service it, go figure. I appealed in 2011 within the 1 year time frame and didnt hear back until 2014, right before my 100% P&T that they denied me again. Sorry to go into so much about my own case. I was just trying to show you how I can relate.

I look forward to following your case, I wish you the best.

Semper Fidelis

[Soldier81]

USMC,

I had little knowledge of SA during service all I knew about were my symptoms. My statements should be more than enough for them to play connect the dots. I had my sleep study done after service.

Your brother in arms,

Soldier81

[Soldier81]

Thank you guys very much for the encouragement hopefully in less then a month I'll have some news. At this point my patience just wants an answer according to law not some C&P examiners opinion on who should get what and at what percent. They play as if they are above the law and that should be straightened out.

[Soldier81]

I don't think the VA wants me to connect the dots because after the remand they asked nothing from me. I think that they are giving the examiner a chance to redeem herself. I weighed 207 during the sleep study. I am 6 ft 3 inches tall. That's 8 pds overweight to the strictest of scales. I am no expert but I doubt all 8 pds went to my neck and caused sleep apnea. If anything else I may link this with Gulf war illness due to the fact that I also have chronic diahrea acid reflux I've crapped blood once but since it only happened once I pass it off as hemroids. I just don't think they can use weight against me on this one. I will not submit any supporting evidence to slow down what is already taken so long unless it is requested. Thanks for you guys support and suggestions.