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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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Hey Vync,

This is when they denied me for sleep disorder, in 2013. I originally filed in 2004. Instead of them looking into it as sleep apnea at the time, they decided to send me for a C & P Exam PTSD/Sleep disorder. It was denied because of the pyramid ratings.

But I believe some good research findings came out of it, by the VA  C & P Doctor in her evaluating my medical records and this is what she stated in the medical report, in which I believe I can effectively use in my sleep apnea claim:

C & P Exam 04/2013, Mental Disorders, by VA PSYD(EXAMINER), she stated that Veteran indicated that his wife has informed him that he stops breathing at night while sleeping. It should also be noted that he has not been evaluated for sleep apnea. The examiner also states that Contributory information from the Veteran C-File states:

A report of medical history from Ft. Hood, Tx 1993, indicated that Veteran complained of trouble sleeping in service.

A medical record note indicated that Veteran was diagnosed as having sleep disorder with onset May 1991.

A C & P Exam initial PTSD Exam in 1998, by VA M.D. reads, "He cannot sleep, he only manages 3 to 4 hrs of sleep and wakes up at night. He feels fatigue and tired a lot".

A C & P PTSD exam in 2004, by QTC Doctor for VA, states " He has had trouble sleeping for 13 yrs".

In conclusion & summary regarding sleep disorder:  The Veteran reported sleep disturbance that began upon his return from Iraq. The service treatment records are remarkable for complaints of sleep disturbance in-service (1991/1993 combat related stressor related).  ( THAT WAS HER EVALUATION)

At the same time I had symptoms, hypertension, headaches, fatigue, tired and day time sleepiness. After all these years, and complaints of sleep, the VAMC never really asked me anything about my sleep, they would send me to mental health every time, so they could give me some sleeping pills, and I told them the sleep pills is not helping me, they are making me more tired.

Thoughts and opinions!

Edited by Palma114
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  • HadIt.com Elder

Just my 2 cents  but if your going to VA MH they need to check your Medical Records   and send you for a sleep study , you need a S.A.Diagnoses and a C-PAP given to you ASAP, Get into MH Treatment and take the prescribe medications (if you have not yet?) and see a VA Therapist.they are allowed to sign off the medical records/Notes if they are LCSW and working under the VA Psychiatrist.

All from VA MH.

If you already have been diagnose  then submit those medical records in to the VA with your claim  use as new & material evidence

You May Need to get a Dr  from VA to rationalize that S.A. is secondary to PTSD or in their opinion You Have Sleep Apnea because of PTSD  or Something worded close.

It is 100%  likely as not  your S.A. Is caused from your PTSD. 

I assume you have a PTSD Diagnose? or Service Connected for PTSD?

 

...Buck

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1 hour ago, Buck52 said:

Just my 2 cents  but if your going to VA MH they need to check your Medical Records   and send you for a sleep study , you need a S.A.Diagnoses and a C-PAP given to you ASAP, Get into MH Treatment and take the prescribe medications (if you have not yet?) and see a VA Therapist.they are allowed to sign off the medical records/Notes if they are LCSW and working under the VA Psychiatrist.

All from VA MH.

If you already have been diagnose  then submit those medical records in to the VA with your claim  use as new & material evidence

You May Need to get a Dr  from VA to rationalize that S.A. is secondary to PTSD or in their opinion You Have Sleep Apnea because of PTSD  or Something worded close.

It is 100%  likely as not  your S.A. Is caused from your PTSD. 

I assume you have a PTSD Diagnose? or Service Connected for PTSD?

 

...Buck

Yes I have PTSD, my pcp set me up sleep study in 4/2014, and 5/2014 results diagnosed sleep apnea with REM with severe oxygen desaturation.

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  • Moderator

Interestingly, PTSD and sleep apnea have similar symptoms!  This is per my sleep doc.  If you use a CPAP, and if its service connected it should be 50 percent.  You have 2 routes to go:

1.  Sleep apnea secondary to PTSd.

2.  Slepp apne direct sc.  

You dont have to choose, apply for them both.  

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13 minutes ago, broncovet said:

Interestingly, PTSD and sleep apnea have similar symptoms!  This is per my sleep doc.  If you use a CPAP, and if its service connected it should be 50 percent.  You have 2 routes to go:

1.  Sleep apnea secondary to PTSd.

2.  Slepp apne direct sc.  

You dont have to choose, apply for them both.  

I agree with you broncovet

I felt that it is 2 routes to go, with this case and both appears to be opened.

I have already filed both ways PTSD as secondary and DIRECT, I believe either can win.

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