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

[broncovet]

I think secondary awards are easier to win than primary.  Here is why:

1.  Primary (direct) SC requires all 3 legs of Caluza Triangle:  current diagnosis, in service event or aggravation and nexus.  

2.  However, secondary sc requires ONLY 2 (diagnosis and nexus link to sc condition).  You dont need an in service event or aggravation, as that has already been established with your primary SC issue.  This can be a big deal in sleep apnea, especially since sleep apnea wasnt even invented back in the 1970's so its pretty hard to prove you had a disease in the 1970's that wasnt even invented until the 1980's.  Alex found this with Hep C.  The VA denied SC for hep c as there was no in service diagnosis of hep c.  Well the test for hep c didnt happen until after many vietnam vets got out of service.  This does not mean they did not have hep c, it means that our docs did not have the technology to diagnose it back then.  The hep c bug was still crawling around their liver, it just was not given a name yet.  Ditto for sleep apnea.

Its all about the old saying:  absence of evidence is not the same as evidence of absence.  Allow me to explain.  "Evidence of absence" is good evidence.  It means a doctor did an exam, such as an x ray, and proclaimed, "this veteran's x ray is absent any evidence of a fracture".  

Contrast this to a board judge looking in the Veterans file and declaring, "there is no evidence of a fracture" in a c file (absence of evidence).  Wait! 

What if all the records were not there!  What if there never was an x ray, but a doc put a cast on the leg anyway, as he could "feel" the fracture!  

The former is good evidence.  The test showed no fracture.  However, the latter, doesnt mean much except for the military or VA does not have good records.  They are not the same thing..and not even close.   

Edited March 28, 2016 by broncovet

[lotzaspotz]

OSA was awarded in 2007 secondary to a primary SC condition due to side effects of meds prescribed to treat the primary condition.

[Andyman73]

I don't have a success story for this, nor do I have one pending either.  I do have a denial for SA secondary, however. Trying to figure out how to get this done, since my depression secondary to chronic pain was denied, mostly because the shrink examiner willfully chose to ignore a huge pile of SMR/STR entries for pain, and subsequent VA treatment and prescription records as well. 

That examiner did state that I suffer from chronic sleep issues, tho.  But that does me as much good as not having filed at all. 

Not gonna hijack someone's thread, so....

[Gastone]

Andyman, you do have a SA DX'd post SC's for Pain & Depression Awards, right? Are you on Cpap or Bipap?

How about a time-line of your SC's and Claims/Denials? Is your SA Denial still alive, on appeal?

Semper Fi

[Andyman73]

Gastone,

No SC for SA or MDD.  SA DX'd by private dr. MDD DX'd by VA MH dr., but not SC'd because examiner ignored tons of evidence.  Am SC'd for bilateral patella femoral pain syndrome, low back strain/pain, and residuals of ankle injury L ankle.  These are SC'd to my EAS, 11/98.

Still trying to write up NOD's for SA and depression secondary to chronic pain.  Should have them done by week's end.  Have a few months on the depression and more on the SA time line to get them in.  Very hard to over come the over whelming urge to go belly up and let it all go. 

Dealing with the illiac crest pain issue, which no body wants to make an official DX or opine what may be causing it.  April 4th I go to pain management for shots for pain for which isn't DX'd. 

This Thursday I go for neuro exam, that had been scheduled for last Thursday, but got bumped a week.

Add to that a VSO that keeps siding with "them", and can't seem to be bothered to help me.  And being turned away by 2 notable law firms...

Riptide is pulling me out, all I can do is swim parallel to the shore, just hoping to break free before I get pulled beyond the point of no return.

[Gastone]

BUT. the SA is DX'd and your on Cpap, right?

I've had fairly good results, as to Pain Therapy, with the New VA Acupuncture available at the Det VMC. Check with your VMC, the VA got a Large grant last year, to set up alternative Pain walk-in clinics, it might help.

I try to get in every 2 weeks for a treatment, been doing this since 10/15. Accually seems to work better than Pregabalin (Lyrica) and no side effects.

Semper Fi