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

[broncovet]

Blood pressure (hypertension) varies from day to day, minute to minute.  In order to be reduced, if you had been SC for 5 years or more, they have to show "sustained" improvement.  

While I admit discontinuing blood pressure medication does not fare well that you still have it, its possible or even likely to treat hypertension with things "other than drugs."

Because you switched to a different treatment plan does not necessarily mean the disease went away.  There are multiple ways of treating high blood pressure and drugs is only one of them, and drugs are not always the most effective.  Some drugs have worse side effects than the malady for which they were prescribed.  

Of course, we know VA loves "traditonal" medicine, and generally scoffs at non tradationals. (For example, 

acupuncture, essential oils, vitamin supplements, magnetic therapy, bio feedback, hypnotherapy, chiropractic therapy, amino therapy, probiotic therapy, prebiotic therapy, horse therapy, sex therapy, stress reduction techniques, food therapy, hydrotherapy, just to name a few) 

The VA wants to give you Pills or else.  

 

 

[chief5631]

I was able to get off bp meds because of weight loss

[chief5631]

another question...same subject.  My VSO said today that he would let the appeal ride until they make a decision and we all know that could be between now and 2-3 years from now.  Problem is a different VSO (same office) said to appeal it without tying it to anything that is SC or that is in my active records.  He had me originally claim it as primary. Right now I'm in the process/mode of obtaining a strong nexus letter to connect it to a SC condition, but he stated problem is since the claim/appeal wasn't originally claimed as "secondary", they won't even entertain it.  This is a diff VSO that steered me wrong earlier.  The way I see it is if I let it ride and get turned down I'll have to start a brand new claim all over again for sleep apnea actually connected to another SC condition.   this is confusing the hell out of me.  I also probably didn't make a damn bit of sense for any one reading this either, sorry, but here it is  

[broncovet]

I need to try to find this for you to be sure, but the VA has a duty to give the VEteran the maximum benefit allowed by law.  And, the VA has to consider "all" the evidence.  Not "some" but "all".  If you apply for sc for sleep apnea, this suggests you are applying for the condition on all theories of service connection:

Direct, Primary, secondary, presumptive.  

It is the rating specialists job to know these differences, not the Veteran.  For example if the Veteran applies for a condition that is on the "presumptive" list, then its the VA's duty to assist and grant it as a presumptive if everything else is in order.  

https://www.law.cornell.edu/cfr/text/38/3.310

[chief5631]

I see.  You sure are a wealth of info.  I apologize for really not knowing much and at first it didn't seem like there was a lot to know but understanding every aspect of the VA Claims process should be bachelors degree material.  Using your statement above in my situation they will still probably deny the appeal because the bottom line is there is not one thing in my records stating that I had trouble sleeping right?  Well there was one time my SMR said I had sleeping problems but it was related to my back problems at the time.  I think you're also saying to keep pressing with a nexus letter and trying to connect if I can as well right?

[chief5631]

I have a question about the VA admin section...I use a VSO that's assigned to an organization.  Those people do not work with the VA correct?  What I'm getting at since I am being steered so wrongly by every VSO I come in contact with can't I just deal with the true VA personnel?  Am I making sense and with your experience and you obv have a lot what do you think?