hypertension sleep apnea appeal

[chief5631]

I'm a newbie here, but at the advice of my VSO I claimed and then appealed that same denied claim for OSA.  I spent almost 30 yrs in the USAF and didn't get tested until a year after I got out.  I didn't read any websites like this because my VSO couldn't believe it got denied, but after reading all this I can see why it got denied and the appeal will get shot down as well!  I don't have it tied to any other SC condition?!  How can that VSO even have a job there?  All I have are the records from a private pulmonologist saying I have OSA and RLS, plus his PA filled out the DBQ and stated it indeed started while I was active.  Oh and I have a lay statement from my wife.  I need help asap.  I have an appt tomorrow and was going to ask my OSA sleep doc for another letter, but tie it to what?  I an currently SC for GERD, hypertension, respiratory infections, sciatica, left leg numbness, right knee pain, left ankle pain etc.  Any help would def be appreciated, in the meantime i'll try to see what I can find out here on this very informative website

[Slick]

my appeal included Gerd, hypertension and PTSD as primary.  all decision letter said was granted and did not ID as secondary.

list all possibilities of primary cause.  Doc should have medical reference material/articles/studies to include to support a "More likely than not" determination

[chief5631]

Sounds good, my sleep doc appt that was originally for today got postponed til next week.  Like I said earlier I am SC for hypertension but I don't actually have it any longer and I'm off the meds so not sure if that will fly, but I'll get the doc to mention anything else he can

[FormerMember]

<<<<  Like I said earlier I am SC for hypertension but I don't actually have it any longer and I'm off the meds so not sure if that will fly, >>>>>

I don't mean to be obnoxious, but you do realize it is your obligation to notify VA if you have any improvement in any disease/injury. If it appears it will be transient and recur, that might not be of concern, but VA does consider it fraud to fail to mention improvements. As for the OSA, be mindful that VA is cracking down on this. They have some new verbiage in the chute soon to publish in the Fed. Register on it. I doubt it will be beneficial to Vets. Absent any evidence of it documented in the service treatment records, VA will probably cite to obesity/morbid obesity as the primary cause post-service. Be prepared for a fight with their VA examiner over this one. I'll have to add the Ibuprofen/Motrin = obesity to my playbook. I had no idea the drug had that effect on the body. Thanks for the heads up. We learn something new every day.

[chief5631]

Yes the VA knows, and the new OSA criteria was supposed to change Jan 1, but obviously still hasn't.  

Does any one know what ratings, if any the VA not allowed/normally don't change or downgrade?  I'm SC for about 4 diff bone fracture for degenerative etc and those will only get worse.

[Buck52]

That is a hard question to answer  the C&P you have and what the examiner says will have a great impact on the raters.

do you use a C-pap for your OSA? 

If VA diagnosed your OSA they should have  had you do a sleep study and gave you a c-pap machine to use...this is good evidence to submit.

jmo

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

[chief5631]

I retired on June 1, 2005, reported to PCM in June 2006 about daytime sleepiness and sent for a sleep study to a civilian doc and he diagnosed OSA. I went straight to the VA and obtained a cpap and been on it ever since.  I'll never understand why it needs to be connected to something else when my doc wrote a letter stating "it started when I was active duty".  I mean any higher ranking NCO or officer that is proud of his/her service damn sure isn't going to report they are tired during the day and get medically booted for OSA