Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
RockoRob

Sleep Apnea Appeal Process Please Advise

Question

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 by RockoRob

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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 by toddt
add quote which was mising
  • Like 2

Share this post


Link to post
Share on other sites
  • 0

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 by RockoRob

Share this post


Link to post
Share on other sites
  • 0

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

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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

  • Like 2

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Wise Guy
      I have a current claim for several injuries to include PTSD. I did some research and found out the best way of getting a rating for migraines is to have a diary through the VA of the migraines. For my PTSD which I got diagnosed through the VA in February, I'm taking Doxazosin (Nightmares), Hydroxyzine (Anxiety), and Sertraline (Mental Health). All of the medication causes headaches. However, the Sertraline only causes headaches within the first 2 weeks. I was going to wait until the claim was complete before filing for Migraines because I wanted to already have the rating for PTSD first so I can claim the migraines as secondary. But is there a way to still file for it now to still say it's because of the medication for the PTSD? Which route should I go or is there a better one? And should I talk to my VA counselor/medication doctor to get him to state that my migraines are caused by my PTSD and medications? I heard every time you file for a new claim, then everything gets re evaluated so it would be ideal if there was a way to get everything done now. 
       
      Also, I did get diagnosed through the VA for Sleep Apnea back in February,. So, can I say that the migraines was also caused by the Sleep Apnea?
    • By Wise Guy
      I currently have pending disability claims for several things to include PTSD and Sleep Apnea. I filed for my PTSD starting in December of 2019 and the Sleep Apnea starting around the same time due to the PTSD. I was tested positive for sleep apnea. This month, I just found out through the VA Biopsy that I have Sarcoidosis which now I'm on steroids for 2 months and other meds for 6. I learned through research that sleep apnea can be caused by sarcoidosis since sarcoidosis causes shortness of breath. If I file for Sarcoidosis and try to change things up by saying the sleep apnea was caused by the sarcoidosis, then the sarcoidosis may get denied seeing how I have nothing from service to relate which will deny the sleep apnea too. So, should I just file it by itself? If so, should I get an attorney to help me get it service connected? How can I get it service connected? I was going to wait until the current claim was done before filing. However, I just heard that whenever you file for something new, everything gets reevaluated so that's why I'm trying to do it now. 
    • By Kraxup
      I received a VA rating early last year for tinnitus and hearing loss. I recently started another claim for back pain, PES Planus(flat feet) and a ankle injury. I have proof in my service medical chart of a back injury on 2 occasion. Plus during the second visit it's document that my pain was continuous for the previous 6 months. 
      The arch of my feet were recorded as normal during my first enlistment. When I reenlisted in the Army after being out of USMC for 4 months i recieced a entrance medical exam. In that entrance medical exam it's documented that i have flat feet.
       Lastly my ankle injury was documented in my service medical records. 
      What is the opinion of getting a Nexus letter with so much proof in my service medical records. Get a Nexus, YES, or NO. 
    • By Wise Guy
      I was diagnosed with Sleep Apnea through the VA. I filed for compensation so I already know it’s going to get denied. After it’s denied, I need to know exactly how to do the supplemental claim for it. I’m already getting benefits for Insomnia which the underlining is Depression and Anxiety. So after the Sleep Apnea is denied, do I just make an appointment with my Sleep Apnea doctor and say, “Hello sir I’m just curious. I’ve been diagnosed with Insomnia which the underlining factors are depression and anxiety. Can you tell me what caused my Sleep Apnea?” Then hopefully he’ll say depression can cause it, Then I’ll say, ok I’ll go with that. Depression caused my Sleep Apnea. Thank you so much sir that’s all I needed.
      Everything that is said is recorded in my record anyway. Then from there I’ll file a supplemental claim and say the Sleep Apnea was caused from my depression. Right or is there another way?
    • By Willy P
      Good Afternoon Team,
      Short back story/timeline:
      Left Active Duty: August 2015 Diagnosed with Sleep Apnea February 2016 (6 months later) Submitted claim in May 2016 with my evidence:  Sleep study DBQ In service complaint of snoring exerpt from my medical record Favorable C&P Exam opinion (at least as likely as not...) VA Denied my claim in August 2016 I did nothing because I didn't think I could come up with any other evidence Fast forward to last year.....
      I scratched some pennies together and paid for an IMO, then submitted the letter via a supplemental claim.  I was awarded SC for sleep apnea at 50% within a month of the VA receiving my claim.  Success!  Here is the link to that process in the research forum: 
       
      So here is my line of thought...
      Can I use HLR to fight for an earlier effective date, or do I have to use CUE?  I mean, the VA had everything it needed to make the proper rating the first time (In-service event, nexus from the C&P doc, current diagnosis...).  I have a hard time with the fact that I had to pay an outside doctor just to agree with the C&P exam doctor.  Why would the rater place his/her opinion over the VA's own doctor?  Shouldn't the benefit of the doubt have gone to me?  From what I understand, I can't CUE the benefit of the doubt anyway.
      Since I am within the appeals period of the supplemental claim, I'm thinking the easiest path may be to request HLR in order to ask them to CUE themselves on the 2016 decision.  Is that possible?  I'm just trying to avoid CUE if I can, since it's mainly a "last resort" type of measure.
  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines