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Assistance With Sleep Apnea Claim

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bolt_vet23

Question

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.

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Well, I just submitted the NOD along with two IMO letters (one from my VA doc and the other from a private doc). It's unfortunate that the NOD cannot be submitted online through ebenefits, but instead has to be mailed to the intake center at one of the two locations. I'm hoping that the two IMO letters will force the VA to grant service connection since they both say "more likely than not" that it occurred while active duty.

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Good luck and keep us posted

100% PTSD

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60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
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10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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  • HadIt.com Elder

Its better to submit it yourself using the sign return receipt (green-card)

this way you know it was submitted.

and only submit to the CLAIMS INTAKE CENTER   to''Janesville Wi  Claims Intake Center....The one in Newman Georgia is closed down.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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So I was denied OSA in June 2013, which for some reason it said that it was claimed as a "sleep condition"... I don't know what the heck that means???? I know the VA's reasoning is that although I was diagnosed with moderate OSA in Oct 2013 I didn't have any documented evidence in my medical record. I thought that if I was diagnosed within one (1) year of retiring/separating from military service you it would be counted as being connected to military service??? Is this true or is this false information?

Anyhoo, I was able to get a letter from my doctor that oversaw me during the sleep study process and the subsequent follow-ups with him for OSA. In the letter, he tied the OSA with me having a history of being overweight by military standards and because me not knowing the common symptoms of OSA while I was in the military this was the reason why I did not see a doctor or have a sleep study done before I retired. Additionally, my wife wrote a letter also stating what she observed with my OSA symptoms and telling me to finally get it checked out after I retired and also stating that since I received the CPAP my OSA has been better with the use of the CPAP.

Will the VA reverse course and grant me SC for OSA?

Any information provided will be helpful in keeping my fingers crossed for hope or just giving up all together on OSA.

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You will have a fight on your hands no doubt, but with your medical opinions and wife/buddy statements, personally I would pursue the claim.  JMO

I am stubborn, however, I fight for what I can prove by medical evidence and medical rationale.  If I didn't I'd still be stuck at 30%.  Just facts, if you file for something, pursue it until the end, otherwise why put a claim in to begin with.   Principle is why I keep going.:wink:

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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