ptsd Sleep Apnea Not Service Connected

[DirtyBulk]

Gents,

I have lurked around these boards for about a year now. This board has helped me in more ways than I could ever explain. I am forever grateful for the advice that I have gained from you guys. I am currently rated at 90% for PTSD/Anxiety, Migraines, L/R Shoulder surgeries, keloid scars and tinitus. I was recently diagnosed with sleep apnea by the VA and given a CPAP by the VA, however, when I filed my claim for it, I was denied and said it was not SC. In 2011, a year into my contract, I was diagnosed with anxiety. During one of my visits to the hospital, I had complained of sleep issues and it was documented in SMR. I was also prescribed to Xanax by a military doctor to help with my sleep issues that I was having.

I know how it goes with the VA, but I was pretty damn sure this was a shoe in, but to no avail. I have been assisted by a local VSO and he has been great, but before we sent in this claim, I asked him if I should have "Buddy statements" to support this claim and he advised no, that it could actually make the claim take longer than it should. Those buddy statements I have are from 3 buddies, one of them being the doc that was attached to our platoon in Afghanistan. I complained to him multiple times about my sleeping issues.

I don't know what I should do from here, if anyone has any experience or advice, I would really appreciate it.

Rah

[RUREADY]

Gents,

I have lurked around these boards for about a year now. This board has helped me in more ways than I could ever explain. I am forever grateful for the advice that I have gained from you guys. I am currently rated at 90% for PTSD/Anxiety, Migraines, L/R Shoulder surgeries, keloid scars and tinitus. I was recently diagnosed with sleep apnea by the VA and given a CPAP by the VA, however, when I filed my claim for it, I was denied and said it was not SC. In 2011, a year into my contract, I was diagnosed with anxiety. During one of my visits to the hospital, I had complained of sleep issues and it was documented in SMR. I was also prescribed to Xanax by a military doctor to help with my sleep issues that I was having.

I know how it goes with the VA, but I was pretty damn sure this was a shoe in, but to no avail. I have been assisted by a local VSO and he has been great, but before we sent in this claim, I asked him if I should have "Buddy statements" to support this claim and he advised no, that it could actually make the claim take longer than it should. Those buddy statements I have are from 3 buddies, one of them being the doc that was attached to our platoon in Afghanistan. I complained to him multiple times about my sleeping issues.

I don't know what I should do from here, if anyone has any experience or advice, I would really appreciate it.

Rah

you need to add those buddy statements to your claim it will help a lot

also find another VSO. jmho

[DirtyBulk]

So am I correct when I am saying that I should file a NOD? I should add that I discharged Jan '14 and got diagnosed w sleep apnea in March '15. During my visit to the hospital for anxiety, I complained of sleep issues, so is it possible figured that my sleep issues were related to anxiety and not Sleep apnea? I never got tested for Apnea because one of my NCO's at the time said it would get me discharged - he even told me he would vouch for me and tell the VA he said that, but I've always had sleep issues after my first tour Afghan. However, there's not much in my SMR about sleep issues. Just that one complaint I spoke of earlier.

[DirtyBulk]

So am I correct when I am saying that I should file a NOD? I should add that I discharged Jan '14 and got diagnosed w sleep apnea in March '15. During my visit to the hospital for anxiety, I complained of sleep issues, so is it possible figured that my sleep issues were related to anxiety and not Sleep apnea? I never got tested for Apnea because one of my NCO's at the time said it would get me discharged - he even told me he would vouch for me and tell the VA he said that, but I've always had sleep issues after my first tour Afghan. However, there's not much in my SMR about sleep issues. Just that one complaint I spoke of earlier.

[broncovet]

Yes, you need to file a nod. I recommend you lay out specific reasons as to why you think sleep apnea should be SC. Some people even make a copy of SMR's and highlight the applicable portion because, as Berta has often pointed out, the VA raters do not know how to read. "Top sheeting" is not a rarity, but instead the method raters meet their quota. ("Top sheeting" means the rater only reads the top sheet or two, then makes a hasty decision without reviewing the whole file. Its very common.)

Dont feel like the lone ranger, almost all of us are in your same boat..we have been denied by VA probably for reasons of errors on the part of VA, and have to fight VA, sometimes for decades, to straighten it out.

The recent "drive to reduce the VA backlog" is mostly politically motivated, without concern that many, many or even most Vets will simply be denied, then they spend the next 5 years appealing. The "backlog reduction" plan is largely a failure and the result has been a "appeal backlog increase".

It actually hurts the VEteran for the VA to hurry up a top sheet decision, and then the Veteran has to spend longer to get his benefits through appeal.

[DirtyBulk]

Yes, you need to file a nod. I recommend you lay out specific reasons as to why you think sleep apnea should be SC. Some people even make a copy of SMR's and highlight the applicable portion because, as Berta has often pointed out, the VA raters do not know how to read. "Top sheeting" is not a rarity, but instead the method raters meet their quota. ("Top sheeting" means the rater only reads the top sheet or two, then makes a hasty decision without reviewing the whole file. Its very common.)

Dont feel like the lone ranger, almost all of us are in your same boat..we have been denied by VA probably for reasons of errors on the part of VA, and have to fight VA, sometimes for decades, to straighten it out.

The recent "drive to reduce the VA backlog" is mostly politically motivated, without concern that many, many or even most Vets will simply be denied, then they spend the next 5 years appealing. The "backlog reduction" plan is largely a failure and the result has been a "appeal backlog increase".

It actually hurts the VEteran for the VA to hurry up a top sheet decision, and then the Veteran has to spend longer to get his benefits through appeal.

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Is there a limit of buddy statements I should get? I have at least 5 now, but also, would I need a NEXUS letter? I am not sure how to go about that and who should I get it from - would that come from my personal doctor at the VA? I don't see any civilian docs for anything, strictly through the VA. And I am not to sure how I would connect my other SC's - I have PTSD and Anxiety, I was over weight for sometime during my tenure, but got back in shape. I am currently overweight now, but if it makes any difference I was on Xanax and Attivan a good bit of time when I was in.

[broncovet]

Sleep Apnea is one of the most difficult ratings to get, IMHO. As with any claim, you need all 3 Hickson elements: Current diagnosis of sleep apnea,

in service event or aggravation, and nexus between the two.

Check your file to see if you have all three, I do not know your medical records. Chris Attig, attorney, has written a fair amount on sleep apnea service connection. Im waiting for a decision now, but may well buy his book on SC for sleep apnea.