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Sleep Apnea Filing secondary to a SC Disability!

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Buck52

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  • HadIt.com Elder

This maybe helpful to some of you  wanting to File a secondary claim from a SC DISABILITY THAT YOU MAY HAVE  FOR A SLEEP APNEA CLAIM.

Even though this case is an old one   some of you may want to read up on this case that are thinking about filing a Claim of Sleep Apnea secondary to a SC disability that you may have.

you can get pull up these CFR'S That you need to read up on and do what you need to do for your claim..and submit your evidence accordingly.

 

Please read this   it sure could help you with your claim.

 

Citation Nr: 0102100
Decision Date: 01/25/01 Archive Date: 01/31/01

DOCKET NO. 99-22 315 ) DATE

On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri


THE ISSUE

Entitlement to service connection for sleep apnea as
secondary to service-connected post-traumatic stress disorder
(PTSD).


REPRESENTATION

Appellant represented by: Disabled American Veterans


ATTORNEY FOR THE BOARD

Richard A. Cohn, Associate Counsel


INTRODUCTION

The veteran served on active duty from April 1970 to December
1971.

This matter comes before the Board of Veterans' Appeals
(Board) on appeal from an August 1999 rating decision of the
Department of Veterans Affairs (VA) Regional Office in St.
Louis, Missouri (RO) which denied service connection for
sleep apnea as secondary to service-connected PTSD.


FINDINGS OF FACT

1. The record includes all evidence necessary for the
equitable disposition of this appeal.

2. There is competent medical evidence linking current sleep
apnea to the veteran's service-connected PTSD.


CONCLUSION OF LAW

The veteran's sleep apnea was aggravated by his service-
connected PTSD. Veterans Claims Assistance Act of 2000, Pub.
L. No. 106-475, 114 Stat. 2096 (2000); 38 U.S.C.A. § 5107,
38 C.F.R. § 3.310(a) (2000).


REASONS AND BASES FOR FINDINGS AND CONCLUSION

The veteran attributes sleep apnea to his service-connected
PTSD. The veteran does not contend that he incurred or
aggravated sleep apnea during service and there is no
evidence of sleep apnea or other sleep disorder in the
veteran's service medical records SMRs.

Procedurally, this appeal is developed fully and ready for
Board adjudication. The RO has verified the veteran's period
of service; there is no issue as to the substantial
completeness of the veteran's application for VA benefits;
the veteran has undergone VA examination pursuant to the
application; the RO has requested and associated with the
claims file all available service and postservice medical
records pertinent to this appeal; VA is unaware of other
unrequested records pertinent to this appeal, and; the
evidence is sufficient to permit the Board to proceed with
appellate review. See Veterans Claims Assistance Act of
2000, Pub. L. No. 106-475, 114 Stat. 2096, (2000).

A veteran may be entitled to service connection for a
disability under either a direct or secondary analysis.
Direct service connection is warranted for disability
resulting from disease or injury incurred or aggravated in
service. 38 U.S.C.A. §§ 1110, 1131 (West 1991); 38 C.F.R. §
3.303 (2000). Secondary service connection is warranted both
for a disability caused by a service-connected disorder and
for a disability aggravated by a service-connected disorder.
38 C.F.R. § 3.310(a) (2000). In the latter case,
compensation is limited to the extent to which the service-
connected disorder increased the severity of the secondary
disorder. Allen v. Brown, 7 Vet. App. 439, 448 (1995); Jones
(Wayne) v. Brown, 7 Vet. App. 134, 136-37 (1994). A service-
connected secondary disorder becomes part of the original
disorder. 38 C.F.R. § 3.310(a).

The veteran is a decorated former Army combat soldier whose
PTSD has been service-connected since July 1995. SMRs
include no evidence of a sleep disorder in service and the
veteran claims none.

VA medical records confirm that the veteran underwent sleep
studies in February and October 1998 from which he was
diagnosed with sleep apnea. A VA psychiatric progress note
from February 1999 briefly reviewed the studies' findings and
applicable research and concluded that PTSD and its treatment
"in all probability has aggravated the obstructive sleep
apnea." The note further states that "it is certainly as
likely as not that this veteran's sleep apnea is directly
related to his PTSD." The VA physician who examined the
veteran in July 1999 identified two likely causes of his
sleep apnea: enlarged tonsillar tissue and obesity. The
physician found no etiological connection between PTSD and
enlarged tonsillar tissue. However, he acknowledged that
"an argument could be made" linking the veteran's obesity
with PTSD although the veteran's medical records did not
include another medical opinion to that effect.

In the Board's judgment the record presents adequate evidence
upon which to base a finding that the veteran's PTSD
aggravated his sleep apnea. The opinion expressed in the
February 1999 progress note is neither ambiguous nor
equivocal on that point. The July 1999 examination report is
more tentative -- finding only a medical possibility of
attenuated causality under a different rationale.
Nevertheless, the July 1999 opinion does not refute the
February 1999 opinion, and it is well established that VA
itself may not refute expert medical conclusions in the
record with its own unsubstantiated medical conclusions.
Colvin v. Derwinski, 1 Vet. App. 171, 175. (1991).
Therefore, absent medical evidence actually denying a causal
linkage between PTSD and sleep apnea in this case, the Board
reads the two opinions together as providing, at minimum,
evidentiary equipoise which must be resolved in the veteran's
favor. See 38 U.S.C.A. § 5107(b). Accordingly, the Board is
constrained to find that service connection for sleep apnea
is warranted here under a secondary analysis. See 38 C.F.R.
§ 3.310.


ORDER

Service connection for sleep apnea is granted secondary to
service-connected PTSD.

 


WARREN W. RICE, JR.

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4 hours ago, silverdollar22 said:

Tell him like it is!!!  It's your time and your dime!!!  He's working for you and you should tell him tha,t in a nice sort of way, without too much yelling and dancing on his desk.LOL  I can't wait for my next appt with my shrink because, i have both barrels loaded with reasoning and evidence to last all of my 30 mins and then some!!!  And were GOING TO TALK ABOUT JUST THAT!!!!  Get some ducks together and wait for your next appt. like me.  Wish you the best!!!

I plan on it, he was the one that put me in for the neuro eval to begin with. So...hope the reports are done by then.  I don't go in to see him again until mid June.  I'm going to tell him that facing this near impossible task it really getting me down.

Semper Fi

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  • HadIt.com Elder

I sure hope you guys have better luck than I did...MY MH Doc diagnosed me with  PTSD GOT  S.C. 70% Rating but they won't help me trying to connect it to Sleep Apnea or aggravated by PTSD.

 even with a  VA Sleep Apnea Diagnose & prescribe a C-PAP by VA Sleep Clinic  b/c I required the use of a  C-PAP Machine for ''Continuous Positive Airway Presure'' I use the C-PAP EVERY NIGHT  & the stubborn old VA MH psychiatrist Refuses to help me with a Claim filing sleep apnea claim secondary to my PTSD..OR help me with a letter or anything,  they say'' its not my job'' 

go down to the DAV they can help you with your claim.  grrrrrrrrrrrrrrrr

Edited by Buck52
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On 5/9/2016 at 11:22 AM, Buck52 said:

I think its best  to be honest and if you never had S.A. or any sleep disturbance while in military its best to let them know  and have a specialist to state that your S.A. ''is likely as not caused from your Service Connected Disability  such has PTSD.

This is what I am trying to get a nexus for.  just ain't found my Dr yet, 

I been thinking bout hiring Dr Elis from Oklahoma  he does this for veterans but I'm not sure if he will do it without examining you  or just do things via email?

jmo

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

I got an IMO from Dr. Anaise for Sleep Apnea secondary to Diabetes, Asthma, and pain syndrome from my left ankle.  I am very happy with the IMO.  I sent him my stuff and he wrote it up.  He even cited and article that was specific research on veterans have sleep apnea secondary to my conditions.

The proof will be in the pudding.  I submitted my claim for some increases and Sleep Apnea on 5/5/2016.  It looks like they have just authorized C&P exams.  I will let you know how it goes.

Edited by syne7
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  • HadIt.com Elder

Thanks  syne7

sounds good  & yes let me/us know how your C&P goes...

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What is a fully developed claim and c&p exam? Also does anyone know of a correlation between SA and heart disease, high blood pressure, diabetes and cholesterol? Could they be related and has anyone used this connection.

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  • HadIt.com Elder

Jerry  a FDC means that you have all your evidence and things of record to send in once you do there;s no adding to it  your ready to Rock &Roll Buddy, they will decide your Claim or send you to a C&P which is usually a good sign.

Later on if you realize you forgot to send some valuable information for your claim...you can still send it in  they will just make your claim traditional  which usually takes longer.

The C&P will be an examiner to check out everything you contend and say in your claim  mostly questions   it depends on what your condition is..

C&P Examiner are  there to confirm your evidence and then send it in to the Rater.

so while your Rocking & Rolling    its a waiting game  then.

jmo

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

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