ptsd New VA claim

[Fenway77]

I need help understanding how the claim process works... Back in July 2013, after completing 5 deployments, I was awarded 70% for PTSD. Upon getting out of active duty i became civilian law enforcement officer, I began to have major issues with work. Anger issues, missing work and  when I was at work I was on a mission to get myself hurt. I have since lost my job and was unemployed all of 2014. I have managed to get myself somewhat back on track however i haven't been able to be gainfully employed since 2013. When i first submitted my claim i was awarded PTSD  but denied Sleep apnea. Over the past few years i have been on numerous meds.  On march of this year (2015) the VA sent me to another sleep study and again i was informed that i had sleep apnea. I have since submitted a new claim using the EBenefits but i am unsure if i have enough evidence to be awarded a higher percentage. If anyone could spare some advice

 

 

[USMC_VET]

Read my post (also the most updated version is at the top of the post in the form of the pdf) on how to gather and submit evidence.  

in that post it will tell you what evidence you need to get together as well as how to submit it correctly.

When were you denied (date on the denial letter) for sleep apnea.  If it is within the last year i would go with a Notice of Disagreement (VA Form 21-0958).  If longer than a year go on ebenefits and reopen the claim.  Now the reason a NOD is better because if its within a year from the denial and you file the NOD and do the claim again that way you will be able to get the retro payments back to the original claim submission date and not (today).  if you it was more than a year its backdated to whenever you reopen it.  so that being said if reopening is your only option then go in NOW and click the "apply for compensation benefits" and start the application. when you come to the section with all your disabilities listed (both won and denied ones) click sleep apnea and click reopen.  you can fill it out and continue as far as you want from there, but dont finish and submit it.  save it.  doing this files a "intent to file" and saves your spot in line for retro payments.

 

Sleep apnea is a hard one to win sometimes when connecting to PTSD.  In the civilian world it is recognized but the VA fights it often.  you need good, quality, authoritative evidence.

 

i would google chris attigs law blog and buy his book "put it to rest" about filing a claim for sleep apnea.  its around 18 bucks but well worth it.

 

 

Edited August 13, 2015 by USMC_VET
misspeling

[Tomahawk]

I applied for sleep apnea as well.  I was denied.  I was not diagnosed with it in service, however I do have numerous entries for sleep related problems, and sinusitis.  I also have buddy letters stating I snored loudly.  This wasn't enough for mine to be rated service connected.  I filed a secondary claim as I have diagnosed apnea, and the medications I am on for my SC disability, and my SC itself aggravate the apnea.  I'm hoping that goes through on appeal. 

[USMC_VET]

I applied for sleep apnea as well.  I was denied.  I was not diagnosed with it in service, however I do have numerous entries for sleep related problems, and sinusitis.  I also have buddy letters stating I snored loudly.  This wasn't enough for mine to be rated service connected.  I filed a secondary claim as I have diagnosed apnea, and the medications I am on for my SC disability, and my SC itself aggravate the apnea.  I'm hoping that goes through on appeal. 

Diagnosis in service is not necessary, helps immensely.  Having sleep related (as long as they are symptomatic of sleep apnea) in service should have been enough.  I would get buddy letters rewritten in the form of a sworn declaration (see link i put in post above here) and have them signed.  they hodl more weight.  I would then go get a IMO/IME from a sleep specialist.  and by that i mean a board certified sleep specialist who gives you the nexus between your service time and current condition.  they need to spell it out that it is "more likely than not" the sleep apnea is related to your time in service.  www.imenet.com is a good place to start to look. 

You need 3 things.

1) How that disease/illness affect syou

2) current diagnosis of Sleep Apnea (you do)

3) a) diagnosis (symptoms) in service that cuased/aggravated #2

    b) diagnosis of other disease from service that caused/aggravated #2

 

You have #2, you need to show how #2 is cuasing you harm (#1) and how both of these would not be present without 3a/3b.

 

The doctors exam/report and DBQ connects what you are experiencing now with your time in service. 

 

[Vync]

If you are still unable to be gainfully employed, you might consider filing for Individual Unemployability (IU) and/or SSDI. Basically, your SC conditions preclude your ability to work. I'm not an expert on it, but because you have a 70% PTSD rating and long history of unemployment, this might be an option. If awarded, you'll have to submit financial records annually showing you are not gainfully employed each year and they would pay you at 100% instead of 70%. After say five or more years, you can request it be upgraded to permanent TDIU status. In the meantime you could continue your SA claims.

[lotzaspotz]

Take a close look at the side effects of the meds you take.  OSA is a clinically proven outcome of steroid meds, for instance.  It's exhibiting the symptoms while active duty or resulting from meds taken for service connected disabilities that can make the OSA service connected.  A formal diagnosis or treatment is helpful, but not required.  Symptoms must be chronic, not hit or miss, here and there, so to speak.  My husband is SC for OSA as a secondary outcome of medication taken for a service connected disability.  He had not complained of or been treated for sleep problems while active duty, so it is possible to prevail without diagnosis or treatment while active duty.

[john999]

Can I ask which medications would cause OSA?  I was prescribed opiates and clonazepam for at least the last five years.   That is when my OSA started.  I also have SC DMII which makes it hard for me to lose weight which is a factor in OSA.  I even had the Inspire implant surgery for the OSA.  Now I take Lyrica, oxycodone and clonazepam for various SC conditions.  I probably should be dead by now.