hypertension Sleep Apnea

[Palma114]

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 January 5, 2016 by Palma114

[Palma114]

11 hours ago, broncovet said:

Dont be confused with 2 possible routes to SC.  Stick to the Caluga Trio:

1.  Current diagnosis of sleep apnea

2.  In service event or aggravation.

3.  Nexus or link between the two.  

Yes, I see,

1. current diagnosis-of OSA with REM Sleep and severe oxygen desaturation (CPAP)

2. in service event-combat, when I returned "frequent trouble sleeping", symptoms-hypertension, headaches, tired, fatigue, and daytime sleepiness, all is in my military medical records, and these are sleep apnea symptoms according to VA website.

3. nexus or link-complained of "frequent trouble sleeping", had sleep apnea symptoms listed about, and on evaluation in military they mentioned combat related/stressor related in 1994. Left military, complained to VAMC over 20 times, and finally in 2014 my pcp did a sleep apnea evaluation, and I was sent to sleep study, immediately diagnosed OSA (CPAP).

Edited January 6, 2016 by Palma114

[broncovet]

What is OBS?  I have OSA (Obstructive Sleep Apnea).  There is also a CSA (Central sleep apnea).

You probably need a diagnosis of OSA or CSA, and I dont know what a CPAC is either.  I have a CPAP, and there is also a BIPAP.  A CPAP delivers a continious pressure opening your airway, while a Bipap, goes off and on with each breath.  

[Vync]

 

16 hours ago, Palma114 said:

 It should also be noted that he has not been evaluated for sleep apnea.

Palma,
That's pretty crazy that you filed for sleep disorder and they did not evaluate you for sleep apnea. If you get SC for SA, consider asking for an earlier effective date.

 

[Palma114]

11 minutes ago, Vync said:

 

Palma,
That's pretty crazy that you filed for sleep disorder and they did not evaluate you for sleep apnea. If you get SC for SA, consider asking for an earlier effective date.

 

Vync,

I am, I first filed this claim in 2004 for sleep disorder and it was denied in 2004 and 2013 for sleep disorder they tried to tie it to my PTSD, and then the bva appeals said it appears to us that he has sleep apnea symptoms after I had a hearing with them.

[Vync]

12 minutes ago, Palma114 said:

Vync,

I am, I first filed this claim in 2004 for sleep disorder and it was denied in 2004 and 2013 for sleep disorder they tried to tie it to my PTSD, and then the bva appeals said it appears to us that he has sleep apnea symptoms after I had a hearing with them.

Like Broncovet said, SA and PTSD have a lot of the same symptoms, so it can be tricky to differentiate one from another. I personally think it was wrong of the VA to deny on the basis of pyramiding because SA and PTSD are two completely different disabilities.

[Guest]

The crazy one here, ok for what it is worth I will lend my 2 cents.  There is a major difference between a sleep disturbance disorder and sleep apnea.  Sleep disturbance disorder is a mental health disorder but sleep apnea is a respiratory disorder.  The VA hospital has been treating your condition as a mental health disorder.  The real problem is that you filed a claim for  depression/PTSD and sleep disorder and VA did not consider your sleep disorder to be sleep apnea.  You will need a medical opinion with a good medical rationale that relates/connect your sleep apnea to your PTSD. VA loves to play these little word games and keep veterans claims tied up for years and veterans give up and lose out.  It appears that the VLJ is trying to steer the RO in the right direction but if they continue to deny get an attorney and file an appeal to CAVC.  I had a VLJ remanded a claim twice trying to get the RO to do right but when they refused and denied my claim the VLJ decided WTH and he denied it to and I got a law dawg and we went to CAVC and I won my service connection. Ain't  that a ******    It is not pyramiding if VA consider your sleep apnea secondary to your PTSD.  According to 38 CFR 3.310(a) which states:

3.310   Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.