Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Sleep Apnea

Rate this question


Question

Posted

What is the latest guidance on new sleep apnea claims? Am I wasting my time trying for it? I have had a V.A. sleep study done and it showed OSA, given CPAP, etc. Would it be a stand-alone claim or secondary to my PTSD?

4 answers to this question

Recommended Posts

  • 0
Posted

This has been the subject of a few discussions and a lot of variables.

In  my case I was diagnosed with both PTSD and SA 5 years after discharge.  During service had no documentation concerning SA.

Filed for both separately. PTSD approved, SA denied.  Did some research on past BVA cases and resubmitted SA as secondary to PTSD and was approved.

If you have documentation to support SA as service connected expect it will work, if no service documentation I'd suggest file as secondary to PTSD.

 

Smart guys and girls will probably add more advice

  • 0
Posted

Depends, Depends!

No SA DX in MSR or in 1st year or whatever the current DX after Discharge window is, equals no (EASY) SC as directly related to active duty. Now comes the possibility of SA as a Secondary SC issue if directly caused or aggravated by 1 of your current SC issues. Check out the VA's and NON VA's listings of possible contributing factors to OSA,CSA and MSA. PTSD can cause or aggravate but is a very tough Sell.

You have had a VA sleep study and you were DX'd with, OSA, CSA or MSA? What did the VA Sleep Dr opine, as to the etiology of your SA? Have you requested that the VA Sleep Dr complete a SA DBQ? Any discussion regarding being caused or aggravated by your PTSD?

If possible, post a redacted copy of your VA Sleep Dr's clinician Notes from your MHV or VMC medical records. Might be a nugget or 2 in there that could help your claim.

Semper Fi

 

  • 0
Posted

Chief I also have SC PTSD and was DX'd with OSA in the past month i am going to file for secondary here soon so that i can avoid the restructuring of Sleep Apnea ratings at the beginning of the year.  I recommend you do the same thing as well.

I made a post myself on my sleep apnea journey so far and post multiple articles/studies that have related PTSD/OIF/OEF to Sleep Apnea.

feel free to download them.  I would personally get a IME to bolster your case.  that is what i am doing

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • AFguy1999 earned a badge
      One Month Later
    • Grey Goose earned a badge
      First Post
    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use