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

[Vync]

What year was sleep disorder filed?

[Guest]

On ‎1‎/‎6‎/‎2016 at 4:46 PM, Palma114 said:

 

 

On ‎1‎/‎6‎/‎2016 at 4:46 PM, Palma114 said:

I filed sleep disorder, my PTSD claim was in 1998.

Yes, unfortunately I figured you filed a claim for sleep disorder, You would not believe how many veterans VA catch in this loop hole.

[Palma114]

On 1/7/2016 at 9:53 PM, Vync said:

What year was sleep disorder filed?

I filed for sleep disorder in 2004