Assistance With Sleep Apnea Claim

[bolt_vet23]

Hello,

I'm hoping someone can help me out. I separated from the Air Force in 2005 and the Veteran's representative recommended that I claim sleep apnea so I did, but was not found to have it based on the take home stardust test. I know that I did not take the test correctly, but didn't think anything of it...just a snoring problem. I filed a claim eight years later and took another take home test which proved to be inconclusive. However, the doctor discussed the test results and symptoms and recommended that I take the overnight test. The results showed that I have sleep apnea so I submitted the results along with buddy letters and detailed letter from my wife, but was still denied. The letter states that sleep apnea was not caused by aggravated military service. It also says that there was no evidence to support that the disability was present during military service. There is no evidence from when I served because I just thought that it was a snoring problem...I was in my early 20s and had no idea what sleep apnea was at this time.

At this point, what options do I have? I know for a fact that the sleep apnea became apparent while deployed during OIF/OEF, but like I said, I never went to the doctor because I didn't know what it was at that time. Is there any want to link it to military service?

Appreciate any assistance.

[CHerv08]

Hey Bolt_vet23

That is a battle I am going through right now - and just to make you feel a little bit better, our scenerio is almost exactly the same.

Here is what I did -

1) I went to my primary care doctor (personal) and told him that I was having issues with my sleep. I was experiencing excessive daytime sleepiness and fatigue. He recommened me that I have a sleep study preformed.

2) Went to sleep doctor - he asked questions about my excessive daytime sleepiness and fatigue. - I told him about my service in the military and the onset of the snoring while I was there and deployed. I stressed to him that the symptoms occured while I was there.

3) He recommened I go in for a normal sleep study

4) Based on the results of my sleep study it was determined that I do have sleep apnea and a second study was requested with a CPAP

5) Results returned - CPAP perscribed.

So after all that I filed my claim with all my supporting documention. I went for my C&P exam and the examiner determied that yes the dignonsis was correct.

The VA denied my claimed based on the lack of supporting medical documentation in my serivce file and failed to show how the claim was related to service.

So right now I am having the sleep doctor review my military record, and write a letter stating that the sleep apena was secondary to TBI.

I am also having my TBI doctor write a letter supporting that same verifing that that sleep apena is a secondary to TBI as well.

I guess I can let you know as the process goes.

Good Luck

C

[TALON II FE]

Sounds like a good plan CHerv08, good luck and I hope it works out.

[bolt_vet23]

Thanks, CHerv08. I was told that my only hope is to find a doctor willing to write a nexus letter, which I imagine will be difficult to do based on the timeframe and lack of documentation. I've requested the results of the take-home test I completed prior to separation to see if they are similar to the other take-home test, which were inconclusive.

Has anyone had any luck finding a doctor willing to write a nexus letter?

[broncovet]

Are you on a CPAP? If you are not, it may not even matter, as SC for sleep apnea without it isnt much.

If you ARE on a CPAP, then you need to timely appeal the denial. Were you given a C and P exam for sleep apnea? If the denial was based on a C and P exam, then you need to challenge the exam. Its been my experience VA does not have a bunch of sleep apnea docs who do c and p exams, but they just use any old examiner and hope the Veteran does not challenge the adequacy of the exam (and they are ususally right). Even if they are wrong, they get to hoodwink you into lending them money for free for a long time.

[CHerv08]

Do you have a service connection for PTSD or TBI?

I was able to provide this study done by doctors at Walter Reed to both my sleep and tbi docs and they're looking into it - maybe this can help you when you go speak with your private physican.

I have been fortunate with my TBI doctor as she used to be a medical examiner in the Army and understands the conditions and the reasons for my VA claim.

Have you talked to your service rep? I have also found that they know doctors who tend to lean in the favor of the Veteran or can at least point you in the right direction.

Hope some of that helps as well.

C

Edited June 24, 2015 by CHerv08

[bolt_vet23]

@ Broncovet - Yes, I am on a CPAP. There is no disputing the fact that I have sleep apnea, but only that it is service related. The VA is saying that it's not so I'm filing an appeal now. The issue that I'm having is linking the sleep apnea to military service.

@ CHerv08 - I do not have a service connection for PTSD or TBI; however, I am scheduling an appt with the local vet center to discuss PTSD. I was told that this might be the missing link. Can you tell me more about the Walter Reed study with PTSD and TBI?

I haven't had much luck with the service rep in my area (either non-responsive or don't return calls). My next step is the DAV.

Thanks