ptsd My C&p For Sleep Apnea Secondary To Ptsd Went Bad.. Doctor Was Crazy.

[oats]

Had my c&p exam today

i had everything

- imo from dr. anaise for the nexus

-several buddy statements as lay evidence to vouch for sleep apnea starting in service

-sleep apnea diagnosis and all the paper work

- all relevant medical literature/studies/bva decisions identical to mine

first thing doctor says is:

" i will not grant you sleep apnea secondary to ptsd because that means that your ptsd caused your sleep apnea and that is false"- her

i said "sleep apnea secondary to ptsd means it causes or aggravates sleep apnea"- me

"no it doesnt" - her

"why does ebenefits allow me to file a claim for "sleep apnea secondary to ptsd then if that "term" only means that it causes it? why are veterans allowed to file it? why does this bva decision show that secondary means "causes/aggravates"?

"i dont know"- her

" if you wanted to file it under ptsd aggravates sleep apnea, then you should have done that, because secondary means "causes" and your ptsd did not cause your sleep apnea.

then she began to ask for proof on how ptsd aggravates my sleep apnea and where is the proof, i about lost it.

i am at a loss of words and i guarantee her opinion will not be favorable, but hopefully the rater sees all the evidence i put in... i did my homework and gathered every single thing that has worked for other people.

[oats]

Oats - Here's a link to a search of BVA cases with sleep apnea secondary to PTSD perhaps it might be helpful Sleep Apnea Secondary To PTSD BVA Case Search

i showed her a case she didnt seem to care

[Berta]

With the evidence you stated you had, and if Dr. Anaise followed the IMO criteria here with a full medical rationale,

you could possible get a favorable decision under Benefit of Doubt ( Relative Equipoise)

What are Dr Anaise's credentials?

Have you attempted to get a www.healthgrades run down or any other info on the net as to the C & P doctors credentials?

Make sure that when the decision comes, iof they deny, check out the Evidence lost as to the evidence you said they had.

If they didn;'t use it and you have proof they got it, they have committed a CUE.

Also make sure,if they deny, that they make a statement as to how they weighed your evidence against the C & P results (Benefit of DOubt regulations)

I filed CUE on that recently and the director of my RO apologized for it. I hope that is not a new MOS of the ROs..to fail to consider BOD (Relative Equipoise)when the evidence is of equal of greater weight in favor of the claimant.

Follow Tbird's advise......the BVA decisions contain a wealth of great info.

..

[Buck52]

Depression can be a secondary to sleep apena but the way the VA is depression maybe a single conditions all its own?

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

jmo

[oats]

depression is lumped under ptsd, cant get rated for both.

now this doctor DID say i was going to get service connected for "sleep apnea" but not "sleep apnea secondary to ptsd"

and i was like, "i did not file for "sleep apnea" i filed for "sleep apnea secondary to ptsd"

then she goes on again how im going to get it, but not for what i put in for ...

i told her she was not the rater and i wouldnt just get sleep apnea not linked to ptsd (or would i?)

she said she had a box that said "does the ptsd cause the sleep apnea" and she put "no"

crazy doc does NOT understand what "secondary to" means... should i make a note of that and submit it, that she clearly was somewhat clueless on this!?

note: im sced for ptsd 70%

[USN_HM_VSR]

Do you have GW Service? If so forget the secondary file for OSA as a presumptive and get a GW Gen Med.

[Gastone]

As long as you get the 50% SA SC is really all that matters. your currently 70% for PTSD so the 50 will get you to 85 rounded to 90% SC. It's all good, just because the C&P Dr didn't agree with your Nexus, getting the SA SCd is all that really matters, right?

Getting SA SC'd when it wasn't DX'd while on active duty, is a very difficult claim. It all comes down to a "Preponderance of Medical Evidence." Even if it's a 50/50 decision on what could have caused your SA out of the large number of possible etiologies, you win the JUMP BALL. The VA's "Benefit of Doubt Doctrine" rules in your favor.

Did the C&P Dr opine as to what she thought the cause of your SA was? If you haven't already done so, get a copy of Clinicians Notes for your C&P from your VA Med Center Records Dept. Might actually have a copy of the completed SA DBQ.

Semper Fi

Gastone