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Jimmer

denied Sleep Apnea as secondary to PTSD

Question

Hi everyone, I just received the BBE that stated I was denied sleep apnea as a secondary to PTSD.  The denial was not surprising.  The fact they really never looked at my evidence is.   Yes I am going to file a NOD, immediately.  Some of the comments for the reason for denial, would be humorous, if it wasn't downright stupidity.  The VA indicates "on January 15, 2015, you reported to the examiner (NP) that had been diagnosed for sleep apnea, had had used a CPAP devise but were not currently using it. You reported that you planned to have another sleep study to re-evaluate whether or not to return to using it"  Not true, I told the "doctor wanna-be", that the machine was cumbersome, noisy, and difficult to move, and that I used it as much as needed, almost every day.  On August 28, 2015, I had a sleep study done, and my condition had worsen, and that I needed to use the CPAP machine, every night, giving me a small portable Mirage Quattro machine.  I had a DBQ and a letter filled out by a board-certified pulmonologist  who my sleep apnea was stated my sleep apnea  "more likely then not aggravated by my PTSD, and the PTSD was more likely then not  aggravated by my obstructive sleep apnea."   He went into detail explaining  how and why they effected each other.  The VA  stated the doctor "did not state your OSA is caused by your PTSD, however your he noted your OSA is aggravated by your PTSD". "Your private medical sleep study  indicated you need to use a CPAP machine, therefor no evidence shown of aggravation in this case".  Also they stated since I am at 50% PTSD, "adding OSA would be combined into a single rating of 50%."  Here is the kicker:  "to establishservice connection on a secondary basis, the evidence must show chronic disease or injury which resulted from a service-connected disability or was aggravated thereby".  This is what I was trying to do!  I spelled it out to them this was a secondary to PTSD, and the doctor indicated  the OSA was aggravated by the PTSD.  I am going to see the pulmonologist Friday, and have him redo a DBQ and another letter.   I am trying to find a way to reply, with downright biting scarcasm" to the VA.  Part of me wants to just request a BVA hearing and have letters, DBQ from a dozen "board certified pulmonologists" and shove it in the VA face!

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C&P Examiners always takes what the veteran states out of context and puts there on context in his/her report.

example :

During aC&P EXAM for compensation or service connection the  veteran states''I  TRY to get out more but due to my SC disability I can't because of the pain is so server.

Examiner''Veterans states he is getting out more so his disability has shown improvement.''

This is what makes a denial eazy for the raters

and its why we need to take a spouse or friend with us to the C&P Exam   or in some states take a recording devise.

JMO

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

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Let your medical evidence do the talking for you.

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Buck52,  You are absolutely right.  I will let my medical evidence speak for me, it just I get frustrated with all the b.s., the VA throws are way.  Your example it the nail on the head!

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