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Help Analyze my Sleep APnea C&P result

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dreamhighvet

Question

What do you guys think?  Good or bad exam?  Should I request another C&P or is it okay? If my condition gets service connected, would I get 50%? 
The examiner did not mention anything about  "as likely as  not"  "more than likely" "not likely" or whatever. What is up with that?
Also, I am concerned about his response to #3 and 6. I of course currently have sleep apnea symtpoms - or else why would I need to use CPAP?

I would like some honest feedback on this. Should I schedule another C&P?



1. Does the Veteran have or has he/she ever had sleep apnea?   [X] Yes [ ] No

[X] Obstructive   ICD code: 327.23 Date of diagnosis: X/x/16

2. Medical history.  Describe the history (including onset and course) of the Veteran's sleep disorder.

29 Year old male veteran gives h/o loud and disruptive snoring while asleep and  has witnessed apneas . Also, h/o gasping and choking for air at night and  h/o insomnia and moderate daytime sleepiness for past few years .No significant past medical history service Army 6/15/06 to to XX.  Pt had sleep study done at XXX VA Hospital and the result showed  he had severe obstructive sleep apnea and pt is on Cpap treatment with 8 cm h20  with good result.

Is continuous medication required for control of a sleep disorder condition? [ ] Yes [X] No

Does the veteran require the use of a breathing assistance device?[ ] Yes [X] No

Does the Veteran require the use of a continuous positive airway pressure (CPAP) machine? [X] Yes [ ] No

3. Findings, signs and symptoms. Does the Veteran currently have any findings, signs or symptoms attributable to sleep apnea?[ ] Yes [X] No

 4. Other pertinent physical findings, complications, conditions, signs and/or symptoms
Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above?[ ] Yes [X] No
Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to conditions listed in the Diagnosis section above? [ ] Yes [X] No

5. Diagnostic testing.
Has a sleep study been performed? [X] Yes [ ] No
If yes, does the Veteran have documented sleep disorder breathing? [X] Yes [ ] No

Date of sleep study: x/x/16  Facility where sleep study performed, if known: XXXX VA Sleep Lab

Results:AHI 37.6/EVENTS /HR, 68 HYPOPNEAS SAO2 NADIR 89 %

Are there any other significant diagnostic test findings and/or results?[ ] Yes [X] No


6. Functional impact.   Does the Veteran's sleep apnea impact his or her ability to work? [ ] Yes [X] No

 7. Remarks, if any: Severe obstructive sleep apnea

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Congratulations you have sleep apnea.  The big question is :  how is this connected to your service????

You XX'd out the date that you got out of the service.  If you were in the service at the time  that you were DX'd with sleep apnea you have a good chance of getting compensated.  

Other than the above you need to wait until other more knowledgeable Hadit members chime in.

Edited by toddt
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21 minutes ago, toddt said:

Congratulations you have sleep apnea.  The big question is :  how is this connected to your service????

You XX'd out the date that you got out of the service.  If you were in the service at the time of the you were DX'd with sleep apnea you have a good chance of getting compensated.  

Other than the above you need to wait until other more knowledgeable Hadit members chime in.

I was diagnosed few months after I got out. However, I did complain about sleep issues while in service, and they just listed as insomnia or sleep trouble. Also, I did fill out sleep packets and in the packet, I mentioned that I had issues with snoring, apneic episodes, choking, fatigue, etc.  

 

 the C&P doc didn't provide his opinion on service connection.... why is that? request another sleep study?

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  • HadIt.com Elder

sorry although you have a diagnosis for S.A, OSA from the VA

Unfortunately  if its not SC or any records to prove secondary from a SC disability and from what this C&P Examiner x I think it will be denied.

You need a nexus to put the two together from a qualified Dr or sleep specialist.

jmo

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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What did the very end of the DBQ say as to Service Connection?  the "NO significant past medical history 2006 to xx16," statement indicates No SC Nexus established. Did you get an actual copy of the C & P SA DBQ? Redact and post it, the Dr had to offer his opinion, as to possible SC.

No DX or SMR's indicating a problem while on active duty, direct SC appears out of the question. I don't see any other current SC's listed, that might give rise to a Secondary Claim.

Now that you have an actual SA DX in your VA Med Recds, any post SA DX of another potential SC condition, could not be used as a Nexus basis for the SA.

When exactly were you DX'd for OSA?

Non Service DX'd SA Claims are almost impossible to get awarded as a Direct SC, after the 12 month Discharge window.  You indicate a DX within a couple mos of separation, do you have documentation?

Semper Fi

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well, I submitted several laymen letters of witnesses, my own statement, and medical records from active duty where I clearly mentions all the signs and symptoms of sleep apnea, such as choking, stop breathing, daytime fatigue and witnessed apneic and snorting episodes. I even submitted a letter from doc explaining why he didnt order sleep study for me before dischrge

Edited by dreamhighvet
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Gastone is right...there is something critical missing from this C & P exam...Was it done at a VAMC? If so you can get a copy of it from their FOIA/Privacy Act/ or Records Access Officer.

They always make a statement as to any potential nexus, or to no nexus at all, in their opinion.

Do you have proof of mailing or downloading to ebenefits any of the evidence you just mentioned?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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