Chronic Sleep Impairment Aggravating Sleep Apnea

[desertshield]

I'm asking for help on behalf of another veteran who just got SC'd for adjustment disorder with mixed anxiety and depressed mood at the 50% rate based, in part on, "chronic sleep impairment". He already has had for years non-service connected obstructive sleep apnea (OSA) and uses a CPAP machine. The question is: can his non-service connected obstructive sleep apnea, (a respiratory condition), be aggravated by the "chronic sleep impairment" from his SC'd mental health condition...thereby getting his OSA SC'd? 

 

 

[Andyman73]

desertshield,

Welcome to Hadit, thank you for your service.  And thank you for taking a serious interest in your friend's case.  I think so many of us might be better off if we had friends like you who are just as interested in our VA claims as their own. 

OSA w/or w/out CPAP is a fairly new arena in the VA claim universe.  And recent medical studies have tied OSA and PTSD together.  As for other MH issues, I'm sure depression would be certainly tied to it as well. 

I just filed a claim for depression secondary to chronic pain.  I have had sleep issues starting within the first year or so, of my AD time.  I plan to bring up my sleep impairment during the C&P, once I have it.  I was DXd about 2 years ago, by my private dr. with OSA, and was prescribed a CPAP. 

Since your friend is already SC for MH w/chronic sleep impairment, that does already lend a "connecting" hand to what ever the causes or effects of the sleep impairment...such as OSA.  I'm surprised that it wasn't included with the chronic sleep impairment...or maybe I'm not surprised, really, considering we are talking about the VA.  Have your friend check his rating/decision letter to see if it's worded "at least as likely" specifically regarding the chronic sleep impairment connection.  That will be very crucial to bringing the OSA into the picture.

Semper Fi.

Andyman

[Slick]

I agree with Andyman, file OSA as secondary.  40 years after RVN I filed for OSA- denied as SC. Later DX PTSD and refilled OSA as secondary to PTSD and was approved.

[pwrslm]

If they cannot separate non SC conditions/symptoms from the SC conditions/symptoms, they must allow both as SC. 

How are they separating the symptoms between the 2?  OSA is a chronic sleep impairment, no?

[Andyman73]

slick, pwrslm,

That is how I am planning the hot LZ of OSA, as secondary, but I am curious, I recently filed for depression secondary to chronic pain, how would I tie in the SA to that?

Maybe the Vet in question just hadn't filed for the SA, so the VA sure wasn't going to give it to him, even though they rated him based on chronic sleep impairment(but not the aspect of the sleep impairment).

Semper Fi.

Andyman

[desertshield]

The navy veteran in this case filed for a mental health condition with a sleep disorder. It is on the psych C&P that the term "chronic sleep impairment" is indicated.

It is also included in the 38 C.F.R. § 4.130, DC 9411
General Rating Formula for Mental Disorders rating decision narrative he received as follows:

"Occupational and social impairment with occasional decrease in work

efficiency and intermittent periods of inability to perform occupational

tasks (although generally functioning satisfactorily, with routine

behavior, self-care, and conversation normal), due to such symptoms

as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or

less often), CHRONIC SLEEP IMPAIRMENT, mild memory loss (such as

forgetting names, directions, recent events) 30"

Therefore, if the veteran gets a 30% or more mental health disorder rating decision which includes the "chronic sleep impairment" clause as above, could that form the basis for making a sleep apnea as a secondary condition claim as a logical extension?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited October 29, 2015 by desertshield
Additional info.

[pwrslm]

Get the CFile.  See if the chronic sleep impairment is listed.  It might already be covered.  If not, its listed in the file already, just put in for secondary. 

Best off with a IMO/E, (just in case) so you don't leave your back door open.

couple of good links

 

http://www.sciencedaily.com/releases/2015/05/150519182243.htm

https://www.disabledveterans.org/2015/05/21/new-study-links-ptsd-to-sleep-apnea/