hypertension Denied Sleep Apnea Claim

[paulstrgn]

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 April 15, 2016 by paulstrgn

[Andyman73]

Maybe if VA did the right thing from the beginning, they wouldn't have to complain about various ratings and such.

[ArNG11]

17 hours ago, pete992 said:

It's not impossible a veteran must find a condition that a doctor can say that it is as least likely as not that sleep apneas is the cause of the condition/disability or the condition/disability is the result of sleep apnea. Examples are migraine headaches, sinus problems, spinal injuries in the upper back, acid reflux, PTSD and any other condition a veteran can find.  Keep in mind that sleep apnea is a respiratory condition and the disability must affect your air way.

Andy I wish you the best.

[ArNG11]

17 hours ago, pete992 said:

It's not impossible a veteran must find a condition that a doctor can say that it is as least likely as not that sleep apneas is the cause of the condition/disability or the condition/disability is the result of sleep apnea. Examples are migraine headaches, sinus problems, spinal injuries in the upper back, acid reflux, PTSD and any other condition a veteran can find.  Keep in mind that sleep apnea is a respiratory condition and the disability must affect your air way.

I have claimed a combination of these and was still denied on appeal.  The nexus was provided by Dr. Ellis between GERD which is service connected and sleep apnea which is not.  Dr. Ellis used medical rationale and service medical records but the regional office still denied the connection.  

From seasoned VA claimants I have come to similar conclusions that have been pointed out to me over time, the regional office is just not going to approve a sleep apnea claim without a fight. I'm stubborn so I will keep trucking, however, I'm not sure how it will end.  Although I am fairly confident that when I leave the regional office arena and get into the BVA circus arena my chances will go up some. At least those are my thoughts, however, who knows.  Either way this claim is not going to be won without a fight.

[Buck52]

I agree with pete and Mr A

but when a veteran has all the evidence needed to be rated for S.A. then why do they deny?

NO MATTER WHAT THE EVIDENCE IS AS LONG AS IT CONTRIBUTES TO  OR CAUSE S.A. As stated be a reliable Dr.

or secondary to an existing condition that its likely as not to cause the S.A.

Even when medications causes  respiratory problems and is diagnosed with S.A.  by the VA. & PRESCRIBE A c-pap/bi-pap machines to use.

The VA Is suppose to help veterans with SC Disability's.

Its there duty to assist   (with the exception of a CUE Claim)

jmo

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

 

Edited April 29, 2016 by Buck52

[ArNG11]

Buck yes true the VA is supposed to, however, how often does that happen?  Only when the VA is forced to do they act.

I imagine if the condition wasn't so common and didn't rate at a 50% rating with Cpap use, I think it might be approved as common of a disability as tinnitus.  

Sorry I am being a little facetious .  However, am I really that far off the mark?  JMO

 

[Guest]

4 minutes ago, ArNG11 said:

I have claimed a combination of these and was still denied on appeal.  The nexus was provided by Dr. Ellis between GERD which is service connected and sleep apnea which is not.  Dr. Ellis used medical rationale and service medical records but the regional office still denied the connection.  

From seasoned VA claimants I have come to similar conclusions that have been pointed out to me over time, the regional office is just not going to approve a sleep apnea claim without a fight. I'm stubborn so I will keep trucking, however, I'm not sure how it will end.  Although I am fairly confident that when I leave the regional office arena and get into the BVA circus arena my chances will go up some. At least those are my thoughts, however, who knows.  Either way this claim is not going to be won without a fight.

What all veterans need to understand is that sleep apnea is a very serious medical disorder. A veteran should be prepared to fight all the way up to the courts of veterans appeals if they have to.  When VA denies a claim and say screw you veteran the veteran should say no screw you VA I disagree with your decision and I choose to appeal.