Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Denied Sleep Apnea Claim

Rate this question


paulstrgn

Question

I am new to this site and I will apologize ahead of time incase my question seems pretty basic. I was recently denied sleep apnea and hypertension as not being service connected. I will only ask about my sleep apnea at this time. I was recently diagnosed with sleep apnea (I retired from the military in 1995). I use to snore very loud while in the military according to my ex-wife. My question is will a statement from my ex-wife be enough to justify my sleep apnea? I was also given a service connected rating for my scoliosis of 20%, I have read online that spine problems can cause sleep apnea. Do you feel that between a statement from my ex-wife and the problems I have had with my spine would be enough to receive a rating for sleep apnea? Any suggestions on anything else I should add to the appeal? Thanks in advance for your advice. 

Edited by paulstrgn

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

Link to comment
Share on other sites

Recommended Posts

  • 0

Posting a redacted copy of your Denial Letter and your C & P DBQ's would be very helpful.

Do you currently have VA or Non VA DX's of OSA and Hypertension, dates please?

If you see a Sleep Specialist, mine was a Non VA, Board Certified Neurologist, and he opines in his clinician notes regarding the "Probable Etiology," linking your SA to a current SC Condition, you have your Nexus.

Wife's "Statement in Support," is ok but she does have a vested interest in the Award. It is very difficult, if not impossible, to get a Direct SC for SA, when you were never DX'd or treated for sleep issues while on active duty. Any Evidence in your SMR?

Of the list of SA possible causes, how do you stack up? Retired in 95, past 21 yrs,  have you porked up, say 25+ lbs?

Age, weight, male, family history, neck 171/2 in+, wide tongue, alcohol or medication consumption, are just a few of the listed medically acknowledged possible causative factors. Can you identify with any of these?

I'v read that a good number of Vet's may or may not get SA SC'd for PTSD. Can't say I've seen any postings on Hadit, regarding SA Secondary to PTSD Awards.

Semper Fi

Link to comment
Share on other sites

  • 0

You are correct, I misread the articles about sleep apnea and hypertension it was as you said Drillserg63. I will post a redacted copy of my denial letter next week. It was a private doctor the diagnosed my sleep apnea on 10/5/2015. I never realized what was causing me to be so tired when I woke up and my fatigue. It was a non VA doctor who diagnosed me for my sleep apnea he is Board Certified Specialty: Pulmonary Disease, Critical Care Medicine, Internal Medicine, Sleep Medicine. I had pre-hypertension in the military and was diagnosed with hypertension in 1997.

The letter is being written by my ex-wife so she will not benefit form this in anyway. Unfortunately there is nothing for fatigue on my SMR other than when I was diagnosed with pneumonia in 1991.

Yes I have gained weight since I retired, I am male, now 58, I do not drink much, I am not sure what side affects my medications may cause (I will have to check).

I do not have PTSD.

Thanks for the input.

 

 

 

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

Link to comment
Share on other sites

  • 0

Look at your medications that you are taking.  Opioid pain relievers as well as some muscle relaxers have been linked to both OSA and CSA.  You will need an opinion from a qualified DR to link either one of those as a secondary. 

Good luck!

Travis

 

Link to comment
Share on other sites

  • 0

From reading this thread, and several others regarding SA in one fashion or another, I am finding many similarities to my own medical history...such as early signs of hypertension, multiple cases of URI, pneumonia, angina, ETOH abuse during AD years, and so on.  I will be calling the sleep lab that did my test and resulting DX, to get in for re-evaluation.  I will most certainly be discussing all of these things with them at that time, as well.

Link to comment
Share on other sites

  • 0

Neck size and tongue width?

My non VA SA Neurologist, always gives me a printed copy of his Clinician Notes, after each appointment, very helpful.

Andy, give consideration to Sending E-Mail to non VA SA Specialist and/or MHV Secure Msg to your VA SA Dr, discussing your concerns. Saves both you and the Dr time and gives the Dr an opportunity to put serious consideration to "ALL" your SA concerns.  Makes it difficult for you to forget to address any important issue.   Also lays a "Paper Trail."

Semper Fi

Link to comment
Share on other sites

  • 0

Gastone,

I just called the center that did my sleep study, only got a voicemail, so I left multiple phone #'s so they can reach me.  I also looked over their website, to see what I may learn.  I saw that hypertension, depression and memory loss are some of the side effects that I do suffer from.  And some of the symptoms, that I did have, from their list, snoring, pauses in breathing or gasping/choking, sleep talking, restless sleep, night terrors, waking with headaches, waking tired or exhuasted.  

I will be going through my SMR and digging out every entry that may possibly tie-in to SA.

As for my neck size, I think I'm a 16-16.5, tongue width - unknown.

Going back to what the Dr. that interviewed me during my neuro exam on Tuesday, when I told her that I do have SA, and use a Bipap, she said Oh yeah, SA is a major cause of memory loss, especially short term.  And the longer left untreated, and the lower your O2 level during sleep, the worse the memory loss as well.  When I told her that my pulse-ox dropped into the 70s % saturation range, she visibly cringed!  I told her I'm too afraid to not use it, and take it everywhere I go for overnight trips.

I really hope that the sleep specialist will be willing to help me out with both my current sleep situation and VA claims.

Thanks again, Gastone, for your words of wisdom and encouragement.

Semper Fi

Andy

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use