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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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  • HadIt.com Elder

I'm not sure of this but don't the VA have a ''duty to assist''.

  I mean when a veteran files a claim  they are supposed to look at any SC Disability's the veteran currently has and also check is medical records at the time  the veteran files a claim  rather or not a service connected claim as secondary to the existing current claim  or for an increase....

Example a Vet has 50/70% SC PTSD and comes up with other VA diagnosed disability's  such as SA or OSA using c-pap, both considered a serious sleep disturbance and could be connected to his current disability....>  such as USMC_VET  Case   he files a secondary claim for a sleep disturbance  from his already SC PTSD....And not an increase  so he could keep his EED  That he has had for almost 5 years, filing for increase would be considered a new claim..

Back to the Duty to Assist....when they check the medical records(as there supposed to do) it should be noted about his sleep disturbance  and possibly he don't need a nexus to link the two...I mean surly the VA can't be that stupid to not know the two are connected.

 We has veterans need to watch out for this, USMC__VET has  a good point.

I may wait on my secondary  claim to PTSD because this is a new claim and I need to get it SC.  If I send in a claim while this PTSD Claim is in gathering evidence or developing phase it could slow down the decision on my claim  because they do say if any other claims are pending  they wait to decided the claim...USMC_VET is SC for his PTSD.....I am not. yet!

jmo

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

Edited by Buck52
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I recall someone discussing some of secondary conditions related to PTSD.  I even think it was VA's own studies.  Theres good documentation out there about the relationship between the two.  Again it does still require a medical nexus and cases are different on a case by case basis.  It is definitely worth a look see.

Personally I have annotations about the conditions in my SMRs active and guard and the VA C&P doc even did a PTSD DBQ on me, I have yet to receive that file from the VA from my C&P exam.  They were even kind enough to omit it from my law dogs copy.  Sorry ex law dog.  That is going to take some time to sink in.  But I do have a nice recording of the exam.  It;s a stalemate attack though.  But I would love to use it in a scenario where the VA states it is a veteran friendly atmosphere not purposely trying to deny Veterans due benefits. Here's mud in your eye Johnny.

In any case, sleep disturbances, in this reference would mean you have nightmares, day dreams, vivid recollections of past events that you can get out of your head, intrusive thoughts that interfere with daily living and or activities, being at home or at work. Flash backs basically.  If you have a documented stressor and medical records relating treatment, I don't see how the VA can divorce the two,  it kind of goes hand in hand.

Most Veterans have associated major depressive disorders, along with vivid flashbacks.  Smells, sounds, scenarios those kind of things. Some of my buds that went in the first wave going door to door looking for bad guys have some interesting triggers.  I don't get a kick out of this nor do I like bringing it up but knowing some of this information can be helpful in keeping demons at bay and help folks learn how to deal with the ups and downs. Mind you treatment with a good counselor, psychologist and or psychiatrist is recommended.  But everyone is unique and may need different treatment options.

 

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  • HadIt.com Elder

Yes ArNG11

good post buddy

The secondary sleep disturbance will be in statement in support of claim /or statement from veteran/or spouse/family as to the symptoms.

and some quotes from the CFR's as how they interpret them.

its getting the raters to see that.

 

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

 

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  • HadIt.com Elder

Effective Dates

§3.400   General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

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  • HadIt.com Elder

Interesting Read! :source VA Watch Dog.

KEEP SCROLLING DOWN!   Tried to cut out some Avertisements

 

Unless the veteran has a solid diagnosis of OSA while on active duty,

the OSA condition may be impossible to claim as service connected.

Snoring may be a sign of OSA or it may not. OSA is a serious health condition 

and more information is brought into our knowledge banks every day. To be

awarded a benefit for OSA will require a medical record that  supports your claim

that you had OSA during your military service.

A statement from your spouse or a buddy isn't likely to carry any weight. If your OSA

has been diagnosed well after your military service has ended but you've heard how

lucrative the benefit is (50% if you use a CPAP) you should think long and hard

before you apply for the award. If you were a chronic heavy snorer while on

active duty, can you document that? Did you ever make a sick call because of chronic

daytime sleepiness? Have you ever been at fault in an accident where you fell asleep

at the wheel of your vehicle? During any hospitalization or surgical treatment,

did a health care provider make a note to your record about your

airway obstruction or a breathing problem during anesthesia?
Once you're sure that you can prove your case, you may want to file that claim.

If you don't believe that you have the evidence you'll need, consider delaying any action while you attempt to have a nexus letter written. That could require a formal IME that you'll

pay for out of your own pocket.If you're a heavy snorer today, whether or not you are able to make a service connection and receive a VA benefit, get a sleep study done.

Sleep studies are now available for you to have it all done in the privacy of your own

bedroom. You no longer must spend a night in a sleep lab...you can take a

small piece of equipment home (a headband sort of arrangement) and wear it to bed.

When you return it to your doctor the data gathered will be analyzed for a diagnosis.

Using a CPAP may reduce the incidence of adult onset diabetes,  heart disease,

strokes and many other of the conditions that come to us as we age.

Not only that...the daytime sleepiness you experience from the lack of a

good nights sleep will be much less severe.Medicare and most

insurers will pay for the home sleep study and the CPAP you may need afterwards.

It's well worth your time.

 

 

Filing For OSA as a Secondary Condition 


Heavy, oxygen depleting snoring may be something you knew about long ago.

Your spouse may have complained. Your buddies may have commented on

your heavy snoring while you were in your bunk.
You may have suffered overwhelming daytime sleepiness for years.
Now, how do you convince VA that the OSA had its origin while you were on active duty?

Sometimes, you can't.
Maybe your OSA didn't manifest on active duty. Maybe the condition crept up on

you as you were treated for other maladies like diabetes or PTSD.
No matter what your history is, it's worth considering whether or not you should file

a claim for OSA. If you left the service 20 years ago and you've

been in relatively good health

but gained weight over the years and now you snore,

you probably aren't service

connected. If the medicine you take for your PTSD or any other condition

contributes to your snoring and gasping for breath as

you sleep, you may have a legitimate claim.

 

 
59445d6884b28a4b6c8110a077ad58f1?AccessK
613a4d4f8e834588ab17fd4801402965?AccessK19d1c225dee724a3f2cd8829f15a29c8?AccessKa19e3d99f863157eab28bc20959e50ab?AccessKb351307e06524fb334ec2d31bb2a7725?AccessKb3215bff62d89d1f92face7e5b4f5e87?AccessKa23eff6c551224f5f1ba9439eee65785?AccessK

 

Veterans Administration Disability Benefits

Obstructive Sleep Apnea  

OSA  CPAP

 

 

The Ratings
6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention or cor pulmonale,

or; requires tracheostomy - 100%

Requires use of breathing assistance device such as

continuous airway pressure (CPAP) machine - 50%

Persistent day-time hypersomnolence - 30%

Asymptomatic but with documented sleep disorder breathing - 0%

 


Obstructive Sleep Apnea Is Elevated in Veterans With PTSD 

Do you have a rating for PTSD? Do you also have a positive diagnosis of OSA?

Do you use a CPAP?
You may be eligible for OSA service connected benefits as a secondary condition

even if you don't have a service medical record of OSA.
Consider that many of the medications that are used to treat sleep disturbances

or mental health conditions may have an effect on your sleep patterns. If your OSA was diagnosed after you started taking medicines to aid your sleep or to treat some

mental health conditions, you might want to consider filing for OSA as secondary

to the service connected PTSD.
Before you decide to do that, review the side effects of the medicines and

be ready to offer a sound reasoning for your claim. Once you're sure that the

medicines you take cause or aggravate your OSA, file for the appropriate benefit.
CPAP Therapy Reduces Nightmares in Veterans With PTSD and Sleep Apnea 
A new study suggests that CPAP therapy reduces nightmares in

veterans with post-traumatic stress disorder (PTSD) and obstructive sleep apnea (OSA).
Results show that the mean number of nightmares per week fell

significantly with CPAP use, and reduced nightmare frequency

after starting CPAP was best predicted by CPAP compliance. 

.......Buck

 

 

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