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Sleep Apnea

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Palma114

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I've been searching the bva decision, but I have not found anything, claim or case as worse as mind. (sleep apnea)  lol

I have a DRO hearing in about 3 weeks, I appealed and the BVA remanded my case to AOJ in 2014, they wanted to know more about my CKD/Hypertension, and the bva judge wants the RO to find out whether I have sleep apnea or not and is it service-connected, because in 2013 during the BVA hearing, I explained to her my sleep problems and symptoms and that all of this began before I left the military in 1994. So she ask me, have you ever had a sleep study done, and I said no, and I really had no idea what a sleep study or sleep apnea were at that time, because I were claiming sleep disorder.

So in 2014 my pcp at VA finally sent me for a sleep study, 2 wks later diagnosed Obstructive sleep apnea with REM supine position and Severe Oxygen desaturation.

For this DRO hearing coming up in 3 wks, the RO still have not sent me for a C & P exam (sleep apnea)

This is what the judge wrote on the remand docket in 2014 to RO:   When there is an approximately balance of positive and negative regarding any issue material to the determine of a matter, The Secretary shall give the benefit of the doubt to claimant. 30 U.S.C.A. 5107; 38 CFR 3102; See Gilbert V. Derwinski, 1 Vet. App. 49, 53 (1990)

With the about criteria in mind, the relevant facts and contentions will be summarized. A report of medical history completed in July 1993 shortly before service separation noted that the Veteran had "frequent trouble sleeping". After service VA psychiatric treatment reports since as early as August 2004 reflect the Veterans complaints of trouble sleeping associated with nightmares of his combat service in Perisan Gulf War. Reports from an August 1998 VA psychiatric examination-which resulted in the diagnosis of PTSD found to be sufficient for the grant of service connection for this disability in a September 1998 rating decision-showed the Veteran reporting a state of being of 'high tense', and only being able to sleep for three or four hours a night.  (that completes what the judge had to say)

I complained over 22 times, beginning 1994 a few months before I left the Army(twice) and at the VAMC'S(21 times) all the way up until 2014, I guess the only thing is, they did document all of my sleep complaints and symptoms, beginning in the Army, hypertension, headaches, tired/fatigue, can only sleep 3-4 hrs a night. I continuously complained to the VAMC for years, but they would never mention sleep study or sleep apnea to me, and at the time, I did not know anything about it. But I do now, I have been reading and studying everything that I can get my hands on that pertains to sleep apnea. I found something that may be of very importance, The VA Health Services Research and Development Service (www.hsrd.research.va.gov) Medical Director, Sleep Disorder Laboratory, Montgomery VA Medical Center, dated Feb 25, 2014, Dr. Tamanna-transcript of cyberseminar.

Is there any opinions or helpful information.

Edited by Palma114
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I've never seen anything or case like this, if you are complaining that you can't sleep over and over, why didn't they send you to the people who specialize in sleep, like the sleep clinic!

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  • HadIt.com Elder

You need to send in your sleep apnea diagnose  ASAP before your DRO Hearing  and also any other evidence that is new and material .

Always make MEDICAL\& DIAGNOSES  copies and take with you to your DRO Hearing(Incase the DRO don't have them). & Any private medical records, statements from family that has seen your disability's and how it effects your life  ect,,,ect,,,

if you have a medical nexus letter that links the S.A. to your in-service or is aggravated by your military in-service.

  take that with you too. the letter should have a Dr report that its likely as not that your SA was caused from your prior military service   with the Dr's Credentials.& showing you never had SA prior to your military-service.

.At your Hearing you can look the DRO  FACE TO FACE and explain what you have here on hadit...show him medical records that will back up what you say..I bet you leave there with an expedited decision in your favor...if this keeps you from working and  all your disability's are Service Connected   you may get a TDIU Decision.

IF the DRO don't bring up TDIU you better and state why...if you have all the evidence in your favor that will back you up...and this is your chance to tell them anything favorable to your claim..make each minute count and be very serious with all your answers.

IF You don't have enough ratings for TDIU but your SC disability's  keep you from working they can use the extra scheduler to boots you up to TDIU. If your just at 60% but I think that's change now to 40% ?

Always be nice and polite and honest and thank the DRO for his/her valuable time to see you!

be on time for your hearing and try not to be so nervous its not bad at all just remember this is your chance to get it right and no longer have to appeal.

I wish you the Best

 

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

Edited by Buck52
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  • Content Curator/HadIt.com Elder

Hey Palma,
If you have paper copies of your service treatment records, take a little bit of time and go back through them. Be sure to look at both sides. Take any treatment record where you reported or was diagnosed with anything related to sleep problems, nightmares, being tired, no energy, etc... If you ever received a written counseling report for falling asleep on the job, late for early morning duties/PT, etc..., it can help. If you can show the DRO that is was indeed a repetitive problem with a clear paper trail while in service, it can help strengthen your case for a sleep claim.

Each treatment record should consist of two general parts. The first part is the "Subjective" section, sometimes abbreviated with an "S:". That is what you told the person/nurse triaging you, such as "I can't sleep, wake up all throughout the night, always tired, etc...". The next part is the "Objective" section, sometimes abbreviated with an "O:". This is the part that the doctor observes. Sometimes the doctor will use crazy symbol abbreviations, so you might need to look them up. If the handwriting looks like chicken scratch, perhaps have a friend, family member, or someone else try to decipher it for you.

In addition, if you are not able to be gainfully employed due to medical problems, consider filing for SSDI. It's better than nothing, but is a completely different ball game.

Good luck!

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  • HadIt.com Elder

Great info from Vync Palma114

 

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

Edited by Buck52
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