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PTSD "TO INCLUDE SLEEP DISTURBANCE" Help

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USMC_VET

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Post Traumatic Stress Disorder To Include Sleep Disturbance        12/03/2015        INC            View Pending Claim

 

So i just filed for Sleep Apnea but under the Sleep Disturbance secondary to PTSD route.  This is what is showing.

 

What is "INC" and i am claiming SECONDARY TO and not INLCUDING, i am guess the INC is "Including" however if they consider it INCLUDING they wont rate it seperately and just put the PTSD and OSA symptoms together for one rating.  I think they are trying to avoid the 50% given for CPAP and just include it in PTSD but keep the rating level the same.

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I think you have that right.  Yesterday, I was in an indepenent Sleep Doctors office with my wife for her sleep apnea.  While I was there, I asked him about 

the sleep apnea - depression link, that is, does he think sleep apnea "is" at least as likely as not related to depression.  

He responded, "Yes, in fact, OSA and depression have almost identical symptoms, one is often confused with the other".    

I wonder how many Vets are being treated for depression when they should be treated for sleep apnea?  

My VA sleep doctor even opined that my sleep apnea was the R/O  (result of ) depression.  VA asked for another c and p exam and got their denial, because their c and p examiner knew nothing about sleep apnea, and opined that depression and sleep apnea are unrelated.  

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USMC VET, heh, I don't know if this might help with your predicament but I thought I would relay the situation.   Long story short I filed for Sleep apnea, sleep disturbances got hosed on both, lack of evidence and no mention in SMRs in any case it's denied on my first filing of the claim.

Then when my DRO hearing happened, related to an increase on my back and Gulf War Claim, they connected certain items to specific illness and conditions.  DRO approved sleep disturbances but not with sleep apnea she tied it in with the Mental claim I had at the time.  She also service connected fatigue to include tiredness but related those findings to my thyroid issues.  Mental sluggishness also got tied in with the thyroid issue.  My point in mentioning this , a Veteran needs to be familiar with what justifies a higher rating for their specific condition, and or injury. As well as take note of what symptoms were in their service medical records.  However, I have to add the decisions/denials also must be looked at. 

Rating for thyroid"

7903   Hypothyroidism  
Cold intolerance, muscular weakness, cardiovascular involvement, mental disturbance (dementia, slowing of thought, depression), bradycardia (less than 60 beats per minute), and sleepiness100 
Muscular weakness, mental disturbance, and weight gain60 
Fatigability, constipation, and mental sluggishness30 
Fatigability, or; continuous medication required for control10

I may be wrong in this opinion but it is only my opinion from what I've seen in my case.  If these "symptoms" were present but ignored to justify a denial of the initial claim, or lowball, now that they have been "approved" would the ratings for those initial conditions not in fact have changed the initial outcome.  As more of the symptoms for higher ratings and service connections were evident and present.  

Adapt and overcome is what it appears to have been done. Another case of the conjunctions of "and" & "or" used to the VA's advantage.  JMO

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Post Traumatic Stress Disorder To Include Sleep Disturbance        12/03/2015        INC            View Pending Claim

 

So i just filed for Sleep Apnea but under the Sleep Disturbance secondary to PTSD route.  This is what is showing.

 

What is "INC" and i am claiming SECONDARY TO and not INLCUDING, i am guess the INC is "Including" however if they consider it INCLUDING they wont rate it seperately and just put the PTSD and OSA symptoms together for one rating.  I think they are trying to avoid the 50% given for CPAP and just include it in PTSD but keep the rating level the same.

But then again if you do use a CPAP, then you do rate the 50% for that.  I filed mine a week or so earlier than you...so...round and round we go!

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Ive never ran into the "SC X + to include and not "secondary to"

 

From what i see in BVA cases is that they deny these cases since you cant be rated for something seperately that is a part of an existing disability, under pyramiding rules.

I guess i shall see, i was hoping someone had filed OSA under secondary and ran into this before or had been rated with this wording.

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UPDATE:

I see on ebenefits that it is being treated as an INCREASE claime to my existing PTSD.

That is not what i want.  I am just short of the 5 year rule, i dont want ot give them a chance to put me through that reduction fiasco again.

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Would you need a VA or private Doc to nexus they two together? or just send in the diagnoses in as claim for sleep disturbance secondary to PTSD?

I Mean why/how would they believe the veteran?

Maybe that's why there viewing it as an increase?

I been thinking about sending in my SA diagnose as a sleep disturbance to my PTSD Claim  but may wait to see what they do on SC the PTSD first ?

if I'm lowballed  or get denied I will NOD & send in the VA Diagnose for SA. as a sleep disturbance secondary to PTSD and GO GET imo ask in IMO ask the Doc to state that  it is his professional  opinion that this veterans sleep Apnea OSA ''sleep disturbance'' is secondary to his PTSD

 

jmo

........................Buck

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