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.

[john999]

If you are already 100% a reason to even OSA service connected is that it gets you closer to SMC Housebound which is an extra $300 a month or there abouts. If I had OSA in the service and I had any evidence to prove it I would file for it now before the VA decides to make it harder to get. There are many in congress who feel that many diseases that vets have are just due to age and being fat. If they had their way half of the AO presumptives would be wiped out. Get it while you can. I am going to drill my doctors on any sort of connection between AO, DMII, CAD and OSA. If I can come up with something I will file for the OSA since I am suffering from it and it aggravates the CAD for sure.

John

[Navy04]

John,

I agree with you bud, as I too am 100% and I posted a Topic on here today with the results of my recent Sleep Study. I had a sleep study a few months before I retired, but they were inconclusive due to the fact that I kept wrapping the wires around my body and the Nurse on staff had to stop the sleep study. So I should be able to apply and SC this right?

[Soldier81]

Urreeekkkaa! Just got off the phone with VA the lady said RO approved my 50% rating. My family's time has come. Thanks to all of you for your encouragement to stay patient.

[toddt]

Congratulations Soldier81, way to hang in there.

[john999]

Navy04

If you have a DX of OSA in service you should be able to get it service connected. If not it gets harder. The military has a way of not making conclusive diagnosis even when they have every reason to DX a soldier with the problem. Even if a sleep study is inconclusive due to problems with the study there should be some DX of sleep apnea based on symptoms and history. What exactly do your SMR's say about your sleep issues

[Navy04]

John,

I was diagnosed with Insomnia and other sleep issues when I was active. Basically the STRs state symptoms of Apnea or other sleep issues. Thanks for the support and info. Once my current FDC claim completes(Prep for Decision Currently), then I will file for this issue.