Successful Secondary Sleep Apnea Claims Results

[Gastone]

Secondary SA SC Awards are acknowledged by most, to be very difficult to obtain. Can't say I recall seeing an abundance of Secondary SA Awards discussed here.

I got mine SC'd Secondary to CAD. 2011. Toddt just got his SC'd with a recent DRO Hearing. (I think it was a Hearing)

Anybody else out there, been successful, or have a SA Secondary claim pending?

Happy Easter

Semper Fi

[HorizontalMike]

My SC OSA is still pending... DRO in July 2015 and C&Ps in September, and got the 100% TDIU in Dec. 2015, however NO movement on my OSA or my MDD appeals and this is the end of March 2016.  I do not even have a Rating Letter from the VARO for anything at all.  Logging into eBenefits only shows the NODs for the above.

The only positive is I have been getting my 100% compensation since Dec. 2015.  Wrong retro/effective date but I at least now getting my monthly 100% $$$$.

[babyray]

I have a secondary SA claim pending, secondary to MDD. E-benefit says that that they have made a decision ( I filed on 1/2016) and will let me know in may/june 2016. Will keep yall informed.

[broncovet]

Im still seeking OSA secondary to MDD, which is currently on appeal to CAVC.  (I have an attorney).  The good news is that CAVC usually only takes six months, while board decsiions take 4 years.  However, most CAVC decisions are just remands back to the Board.  

[Fat]

I wish everyone the best of luck.

I am a firm believer in medical evidence by a specialist (sleep apnea physician) is the key.

1. a.  Service Connected injury or sickness

   b. Secondary issue has to be formally diagnosed (blood test, nerve test,  x-ray, etc)

   c.  Medical Opinion by doctor, supported by literature, that connects secondary issue to service connected issue.

 

I believe every claim can be won, but the crucial elements have to met.

[Gastone]

HorizontalMike, BabyRay, BroncoVet, Thanks for the Qick get back. Could you elaborate on your Claims/

Appeal Evidence supporting your Secondary Claim? Do you have Clinician Notes or an IOM from a Sleep Specialist Clinician, directly linking your DX's SA to one of your SC conditions?

My experience with Vets at the Det VMC, to a man, their VA Sleep Specialist's are overly reluctant when it comes to DBQ's or discussions regarding possible etiology of their SA. The Vets have always been referred to their PCP for the DBQ completion. Their PCP's have all been unable to determine a definitive Nexus to any of their SC's.

Mike, I had your same Rating Experience. Caught my SC Bump to 100% Scheduler 1/3/16, when I went on E-Ben for my Benefit Letter for Mi Property Tax Exemption. My Retro back to 4/15, hit EO Jan, New Comp Rate started 2/1 and I just received the Official VA Award Letter about 2 wks ago.

If your State has the 100% or IU DAV Property Tax Exemption, you can use the E-Ben Letter to file for the Exemption at your City Property Tax Dept.

Semper Fi

[broncovet]

Gastone:

So far, I have not yet gotten sleep apnea service connected even tho my sleep doc opined it was "the result of" sc depression.  However, this is in appeals as the board "never addressed" why they did not consider this docs opinion to be probative AND because I challenged the credentials of the doc with no sleep medicine experience who opined my sleep apnea had nothing to do with depression.  She admitted she had never treated and had no training in sleep apnea.  So she looked it up online!!!  Gee, then everyone should have a medical license who knows how to do a google search!  

If you dont have a medical nexus linking sleep apnea to your secondary condition, then consider an IMO/IME, as that is likely what it will ultimately take to get er done.  

If you already have a nexus, then 1) make sure its in your cfile and 2) if not submit it as "new evidence".