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Sleep Apnea


Ricky

Question

I currently have a claim pending for "sleep problems" as an undiagnosised illness associated with Gulf War service. Symptoms began in 99. Had difficulity sleeping with muscle aches, pain, fatigue, frequent waking during the night and just plain feeling like a Mack truck had ran over me during the night upon waking in the morning. Military doctor gave diagnosis of possible Fibro and "sleep difficulties". Complained during retirement physical in 2000 of same things - poor sleep, muscle aches, joint pain same Mack truck feeling. Diagnosis given was possible GW Syndrome told to follow up with VA. In 2002 it got so bad I could not sleep and I would wake up four or five times a night gasping for breath and the fatigued feeling was so bad during the day I would sometimes have to take a nap at lunch time just to make it through the day, civilian Doc said it was probably poor sleep hygiene, prescribed Evail on a trial basis which did not work. He then said change diet and excerise habits. In 2003 finally received VA GW examine. VA doc said it was insomia. In Jan 05 suffered a stroke. In August 06 I was so tired during the day I could not function. New civilian Doc said we needed to do a sleep study. Results of sleep study were moderate to severe OSA. He issued an IMO which stated that OSA was "more likely than not" began in service and was present during the 99 diagnosis of "sleep difficulties". He based his opinion on my symptoms then, my sleep study, my current symptoms and the fact that I was diagnosised with hypertension, GERD and DMII prior to 99 and AHA, NSA etc..... provided a profound association between all three and OSA (GERD is thought to cause OSA).

Now my question. My current claim has been pending for 16 months. Now that I have a confirmed diagnosis for my symptoms do I:

1. send in new evidence with a letter requesting that my claim be amended to Sleep Apnea from Sleep problems (as a undiagnosised illness).

2. Withdraw current claim and submit new claim.

If I amend the claim do you think VA will try to move the effective date to the date of current diagnosis or will/should it remain the date I submitted it (June 05)

Thanks for your input.

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Guest jangrin

Ricky,

I would think that now that you have a confirmed diagnoses for the undiagnosed sleep problems, you should submit that information right away. It may slow your claim down some but as you stated, the IMO from this private doctor links all three ailments together and he also provided your nexus to SC.

They may want to send you for a C&P exam for the new diagnosis, but I think it will make a difference in your rating.Without the information, the rating board my defer a rating anyway, unitl they had more medical evidence to allow rating. I think, send it it now.

Check with others here at Hadit, also.

Jangrin

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Ricky,

I would think that now that you have a confirmed diagnoses for the undiagnosed sleep problems, you should submit that information right away. It may slow your claim down some but as you stated, the IMO from this private doctor links all three ailments together and he also provided your nexus to SC.

They may want to send you for a C&P exam for the new diagnosis, but I think it will make a difference in your rating.Without the information, the rating board my defer a rating anyway, unitl they had more medical evidence to allow rating. I think, send it it now.

Check with others here at Hadit, also.

Jangrin

AMMEND THE CLAIM, DO IT ON A STATEMENT IN SUPPORT FORM AND IN THE STATEMENT STATE YOU WISH TO AMMEND YOUR ORIGINAL CLAIM, THIS WILL BACK DATE IT TO ORIGINAL DATE, IF YOU DO ANOTHER CLAIM THEN IT WILL SLOW EVERYTHING DOWN, TAKE IT FROM ME, BEEN THERE DONE THAT...............YOU DONT WANT TO GO WHERE I HAVE BEEN

SEND THAT ALONG WITH YOUR NEW EVIDENCE TO THE VA

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Guest rickb54

Ricky,

stated, " do I:

1. send in new evidence with a letter requesting that my claim be amended to Sleep Apnea from Sleep problems (as a undiagnosised illness).

Yes do this as soon as possible it will inprove your chances of getting service connected.

2. Withdraw current claim and submit new claim.

No do not withdraw current claim, just submit the addition evidence.

If I amend the claim do you think VA will try to move the effective date to the date of current diagnosis or will/should it remain the date I submitted it (June 05)

Your not really amending the claim, your just sending new medical evidence in support of the claim, the va will award or deny the claim based on what ever the medical evidence shows. Since you are a lay person you claim of undiagnosed "sleep problems" holds little water. However the doctors diagnoses will make your claim.

best of luck

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