Sleep Apnea Appeal Process Please Advise

[RockoRob]

So to make a long story short, I was active duty since 1994 and medically discharged in 2005. Since around 99/2000 I have suffered from what I now know as sleep apnea. I was never tested for it during service, but I had no idea what the heck it even was. Only knew I was being woken up by my wife, and when in the field or deployment soldiers,  because I would snore loud and then stop breathing. I placed an initial claim for this in 2010 after I had a surgery at the VA, and I was placed in the ICU due to low oxygen levels and having sleep apnea during surgery.

• 04/2010, I did the first claim on my own and it was quickly denied.
• 10/2010, I re-opened the claim with 3 buddy letters of soldiers who witnessed me in the same close sleeping questers during deployment, stop breathing. Had a C&P exam, with a doc who spent all of 3 minutes asking me directing questions. It too, was denied.
• 04/2012, I re-opended it again after I had my actual VA doc write me a nexus letter claiming it was "more likely than not" related to service and a new buddy letter from a service member who shared quarter with me in various units, and from my wife. It too, was denied.
• 02/13, I submitted the NOD, and had a DRO review, it too was denied.
• 02/15, I submitted the appeal, with the help of Military Order of the Purple heart. It was received 03/2015 and and it was been sitting since 09/2015 at "Awaiting place on docket"

Anybody have this type of claim? Trying to use secondary evidence and Nexus letters because you have no service record of it? The advice I have been given depends on who I have asked. I have been told, I should have been awarded due to mixed views and having the benefit of the doubt. I have been told I have no chance without a record of it in service. I have been told it is just the process I have to go through, the VA denies denies denies and dwindles down the hopefuls to very few who will take it all the way through appeals. I have been told both do do a congressional investigation because it worked, and to not do a congressional because I will only provoke a quick "no" answer.

I am hoping someone who has been in my shoes can tell me what they went through. I have no idea how long I will be in this appeal process, but I am now going on six years fighting this thing, although for the VA they only go back to the last time you re-opened so for them 4 years.

Edited March 29, 2016 by RockoRob

[toddt]

Sleep apnea seems to be popping up a lot lately.   Number one, you need to have been diagnosed with sleep apnea, this is usually done with sleep study that records the number of apnea incidents per hour.  Just saying you have sleep apnea or  having your friends (buddies)/wife say you have sleep apnea or the symptoms of sleep apnea will not fly with the  VA.  They,  your buddies, are only qualified to say what they witnessed, i.e., that you snored loudly and quit breathing in your sleep.  

What are you claiming your sleep apnea is secondary to?  How did the doctor that wrote your nexus letter tie your disability to sleep apnea?

Go to the following post and read what Gastone posted:    http://community.hadit.com/topic/66058-what-did-you-do-to-get-approved-for-2nd-sa/#comment-405451

 

 

Edited March 30, 2016 by toddt
add quote which was mising

[RockoRob]

I was diagnosed through va and use CPAP. The docs letter stated more likely than not started in service (dont have exact wording right now), but not tied secondary to anything.

Edited March 30, 2016 by RockoRob

[Buck52]

It's  fairly easy to get a DX for Sleep Apnea & get a CPAP Machine but lot harder to get it S.C. if you never had any type of OSA during Service or any medical records showing as evidence.

So if you have a Diagnose for Sleep Apnea or OSA and if you fall into this category try putting in a claim for  A secondary SC condition, such as mental Illness or anything that could relate to becoming  a sleeping problem or OSA

IF your Doc can connect the two then you will probably be approved  Doc needs to say this  ''its my opinion  this veterans sleep disorder is likely as not caused by his SC Disability ''.

or Taking his/her much needed medications from his SC Disability & state why in his her opinion

jmo

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

[RockoRob]

While I understand both replies speaking of "secondary to"that disnthappen, it is past the claim stage and now in the appeal stage of "awaiting place on docket". I dont think going back into it with a secondary to something else claim is a viable option at this point. Please correct me if I am wrong.

[Buck52]

If your currently in Appeal from a denial from SA ..unless you have probative medical records stating you had a sleeping disorder while in the Military  your going to be denied again.

you got to have and show credible evidence to OSA /S..A from prior military service  to be service connected for it.

if you don't have another condition or disability to show OSA /S.A.  its likely as not that  due to your SC Disability then you probably will be denied. 

secondary to what ever cause the OSA is your only chance.

if you don't have the evidence you had a sleep disorder while in service.

jmo

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

[Andyman73]

Sleep apnea is becoming the holy grail of SCDs, the golden fleece, the sword in the stone, follow the yellow brick road to nowhere!!!