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OSA (Obstructive Sleep Apnea) question

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commodog

Question

Hello!

I am a 80% SC vet (PTSD/TBI/Tinnitus/Hearing Loss).
I was recently diagnosed with Obstructive Sleep Apnea.

In the report, my doctor specifically writes, "Veteran has complained about sleeping difficulties since 2004...", in the report.

First and foremost, it needs to be said that I'm not overtly looking for compensation, and for the moment, I really do feel I am fairly rated according to my symptoms.

That being said, in 2005 I was having some serious issues with "waking up", and was told by my best friend at the time (A guy from another squad) that he always had problems waking me, and that I always seemed tired. (He always brought me lunch though, which was cool!)
Specifically, he came into my house one morning after duty (I was on 12 hour guard shifts @ III Corp command), and said I was snoring loudly, and difficult to wake up (He was standing in my room, looking at me, saying my name. That's how I recall this event.).
I often had headaches, and felt lethargic after waking up.
At the time, I was on Wellbutrin and a few other meds. (Just trying to be as informative as possible here.)

Lot's of you guys have been riding this "train" for a long time, and I am wondering if you think it is worth putting in for the Sleep Apnea service connection, even though it is not present in my service member medical records?

I have not talked to the doctor yet, but you know how the VA docs can be. It's like it's hugely taboo to recommend a vet in the event they think that it's likely said service member had the condition during the period of service.

Thanks in advance, and I hope all is well!

Edited by commodog
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Gastone, thanks for the input.  I actually have a medical opinion from Ellis.  What I am waiting on is I need to know what the BVA is going to do with that medical opinion. It became obvious to me from my last DRO that Muskogee wasn't going to grant it.  This is the reason I was insanely angry with my former law dog, I don't want to deal with the regional office any longer. I know how they stand on my issues and they are going to ignore the opinions and probative evidence. The Muskogee office does not believe in Burger Kings philosophy of "having it your way "  I have to wait and see what the BVA will decide. Statistically speaking the odds are not abundantly in my favor.

Your advice is sound.  I have another opinion in the chamber for when the time comes. I will use it then.  The fact is I disagree with having a private doc use a DBQ if the elements and answer of a disease or condition have already been discussed and addressed elsewhere. Did I mention how much I dislike those forms. I'm not the only one but boy do I understand what folks have been stating for a long time. System designed for denial.  

Any ways I should probably take a happy pill and have some Chai tea.  Getting a little excited for my own good.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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I think I mentioned that the VA C & P Dr, (non Sleep Specialist) that conducted my 09/15 C & P for the SA increase was very negative, to say the least. This was probably my 8th or so C & P since 2009, so I'm not shy about asking the Dr's questions, especially when they seem negative.

Towards the end of the exam, he comes off with, "you got all your gonna get with the 50%, should be happy." I pointed out the use of 02 and results of an 01/14  Echo-cardiogram. He POO POO'd my Lay assertions, he's the learned Doc, right. He even started siting 38 CFR 4 SA Rating Criteria for the 50 Vs 100%. We left it at, We agreed that we disagreed.

When I got the Brown Rating Envelope 11/11/15, continuing my 50% SC SA, I wasn't really surprised, and was preparing to file my NOD. Seems the Rater and His Supervisors hadn't discussed my 07/15 SA Award to 100%. E-Ben had the info 1/3/16, seems like me and the Rater didn't have a clue, go figure.

See attached, I guess this an Increase Denial

Semper Figd11-11-15 AWARD LetterSA.pdf

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Gastone,

You cranky old TeufelHund!!!  Doing push ups!!! You one tough old MF! 

You mentioned CO2 retention.  I have a lab slip in my SMR that showed a level of CO2 in my blood that was high enough to get their attention.  But nothing ever was done about it.  You know how that is, if we don't mention it to the doc, then neither do they.  Could that be evidence pointing to some type of respiratory/sleep disturbance? 

I looked at your SA denial letter and saw that in their either/or line, and it jogged my foggy memory.  I know it most likely won't be "the golden ticket" but if it's at least a tin or copper ticket...just maybe...what if?

 

 

 

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ArNG11, where can we view the list of most probative causes of OSA?

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Heh bud Im not necessary and expert, however, if you can follow the formula and requirements for service connection, such as symptoms in service, symptoms after service, and a medical opinion linking the two with the doc stating that he has reviewed your service medical records and the opinion of at least as likely as then you have some ground to stand on.

There is medical literature throughout the internet, medical studies, that correlate sleep apnea with a few things.  PTSD and GERD are some examples.  The ticket and most important thing is that you have a doc, and/or specialist that relates apnea to service using sound medical rationale.

Look up references with the American Heart Association, Pulmo specialist monthly, ect.,and there is tons of articles that you can reference.  SMR's and the medical nexus are your strongest points.  Oh doctors journals and a great resource, and last and certainly not least BVA and CAVC cases.  It is a lot of research but well worth the time.

JMO hope this helps.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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The "most probable causes" of OSA is not relevant to VA.  They want to know if YOURS is related to military service, not most people's.  

Obstructive sleep apnea is often caused by excessive tissue in the throat, which partially obstructs the airway while sleeping.  

The excessive tissue can be due to some type of injury, excess weight, and mental disorders are often related to sleep apnea.  To get service connected for OSA you will need a current diagnosis of sleep apnea and you will need to use a CPAP prescribed by a Doctor.  You will also need an "inservice event" or aggravation.  Finally, you will need a nexus statement by a doctor that says your sleep apnea is at least as likely as not due to xx event in military service.

Or, as an alternative, you can be service connected with sleep apnea, if a doctor says the condition is at least as likely as not related to a condition to which you are already service connected, such as PTSD.  

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