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

[Mike_S]

That yellow brick road did finally lead to connections with PTSD and I'm sure there are others.

I'm trying to connect mine with IHD which incuded bypass surgery and a related stroke/brain injury. The C&P Cardiologist did connect them as more likely than not but did not connect the SA.

I am overweight but that does not necessarily cause SA but it is the reason most convenient for them to use to deny. I submitted with my claim, Lay testimony (sworn) from several people that knew me before, during and after my cardiac event. They state I did not snore, have sleep issues or low energy before the MI but I did right after and ever since.

None of this stuff fits neatly on a VA form but need to be presented. I hope the raters look at this stuff and consider it. At least it information WAS present in the claim for a NOD or an appeal.

[RockoRob]

I thought I would revisit this post and update with the fact I won my appeal. The VLJ granted my service connection based on lay evidence the RO did not take into consideration, and the contradictory medical opinions between the C&P examiner and my primary care physician with the VA. 

Never give up the fight. Even when you are told numerous times to do so.

VA Claim History:
•04/2010 - Submitted Claim, quickly denied
•10/2010 - Re-opened Claim with 3 Buddy letters,poor C&P..denied again
•04/2012 - Re-opened through a VSO with two addition witness letters and a nexus letter from primary VA Doctor countering the C&P examiners opinion, denied again
•02/2013 - Submitted NOD through new VSO, had a DRO review and another year later, another denial.
•02/2015 - Submitted the appeal  
•03/2015 -  Marked as “Received”
•09/2015 -  Marked as “Awaiting place on docket" “Awaiting docket number”
•12/03/16 - Marked as “Awaiting place on docket” “Assigned a docket number”
•03/28/2018 - Marked as “With Veterans Law Judge” 
*04/05/2018 - Marked as Administrative Case Processing
*04/09/2018 - Pending Case Dispatch
*4/19/2018 Appeal complete…Called RO, they told me VLJ Granted appeal, determined I had benefit of the doubt. Faxed in VA form 21-686c, (dependents).
*4/23/2018 - Received official letter (granted appeal) from BVA in the mail.