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Sleep Apnea Not Service Connected

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DirtyBulk

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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 :ph34r:

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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.

I have the diagnosis, I have 1 or 2 complaints of sleep issues in my SMR, but no NEXUS. Who would I get that from?

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Your medical evidence can come from either VA docs or private docs. If you can not afford a private doc (IMO/IME), then you limit yourself to VA docs. There is at least one attorney who is also a VA doc..his name is Dr. David Anise.

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What do your buddy letters say? If you just say you had 'sleep problems' that is very vague, obviously that won't fly. What will your buddies say that would support your claim? Did you share a room with them, can they state that they witness you gasping for air in your sleep, temporarily stopped breathing? These buddies will need to state what unit that you were both in and at what time/period did they witness these events. The VBA does have ways to verify units and times you both claimed to have been together. Your buddy letters will probably have to have their SSN or service numbers in the letters and a statement at the end of the letters indicating that what they are is true to the best of their knowledge. (check out the bottom of a claim form for the proper verbiage). As it was already pointed out in another topic, it would be best to have them type rather than hand written since they are now digitizing all claims to VBMS.

hope this helps ..... good luck

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SA as secondary to your SC PTSD. File your NOD yesterday requesting a DRO Personal Hearing. Should take 2+ years for the hearing to take place. Get busy working on your evidence. How long before SA DX were you DX'd with PTSD? What type of SA do you have, OSA, Central or Mixed. Have you porked up in the last 10 or so years and now have a 17+ inch neck? PTSD, sleep interruptions usually connect to Metabolic Syndrome and over eating, which can cause the size of your neck to be a contributing factor to OSA. Get with a NON VA Sleep Dr for a 2nd opinion, worked for me.

Very difficult sell for an SA, SC directly back to in service, without an Overnight Sleep Study in your SMR's.

Semper Fi

Gastone

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What do your buddy letters say? If you just say you had 'sleep problems' that is very vague, obviously that won't fly. What will your buddies say that would support your claim? Did you share a room with them, can they state that they witness you gasping for air in your sleep, temporarily stopped breathing? These buddies will need to state what unit that you were both in and at what time/period did they witness these events. The VBA does have ways to verify units and times you both claimed to have been together. Your buddy letters will probably have to have their SSN or service numbers in the letters and a statement at the end of the letters indicating that what they are is true to the best of their knowledge. (check out the bottom of a claim form for the proper verbiage). As it was already pointed out in another topic, it would be best to have them type rather than hand written since they are now digitizing all claims to VBMS.

hope this helps ..... good luck

______________________________________________________________________________________________________________

My buddy statements will be extremely descriptive and informative of the different situations. Two of them witnessed me on many occasions "choking" as they would put it while I was asleep, also, my incredibly loud snoring they dealt with while we lived together. My other buddy witnessed me falling asleep during work a few times, then witnessed me getting chewed out immediately. They can provide all of the information that you quoted in the posting up above. Also, my doc during my deployment to Afghanistan said he would vouch for me about all the times i complained to him about waking up middle of the night gasping for air. Honesty, I should have just gotten a sleep study, but I was always told I would get kicked out if it came back positive for OSA. Thanks for your in depth advice, greatly appreciated!

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SA as secondary to your SC PTSD. File your NOD yesterday requesting a DRO Personal Hearing. Should take 2+ years for the hearing to take place. Get busy working on your evidence. How long before SA DX were you DX'd with PTSD? What type of SA do you have, OSA, Central or Mixed. Have you porked up in the last 10 or so years and now have a 17+ inch neck? PTSD, sleep interruptions usually connect to Metabolic Syndrome and over eating, which can cause the size of your neck to be a contributing factor to OSA. Get with a NON VA Sleep Dr for a 2nd opinion, worked for me.

Very difficult sell for an SA, SC directly back to in service, without an Overnight Sleep Study in your SMR's.

Semper Fi

Gastone

____________________________________________________________________________________________________________

Gastone - thanks for your prompt response brother. So to answer your questions....

I got diagnosed with PTSD 18 months prior to OSA, with CPAP. I have gained 35+ lbs in the past year and my neck is over 17".

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