Speep Apean Within 1 Years Of Discharge

[RichL]

I was diagnosed with Obstructive Sleep Apena within one year of my discharge from active duty. I was never treated for the Apena while on active duty. Is it possible to get a service connected rating for the Sleep Apena since I received the diagnosis within the one year of my discharge?

[betrayed]

I was diagnosed with Obstructive Sleep Apena within one year of my discharge from active duty. I was never treated for the Apena while on active duty. Is it possible to get a service connected rating for the Sleep Apena since I received the diagnosis within the one year of my discharge?

Yes.............if you require a CPAP machine its worth 50% I filed for it and it took a year to get my sleep studies done, I just had the CPAP study last week and now the wait for the VA to get me the machine. It was mentioned in my SMR while on active duty that there was a good possability that I had sleep apnea, and on my discharge physical. The VA denied it, saying there was no proof I had it, well the proof is there now!

Edited December 5, 2006 by FLHRCI

[olenavygoat]

You may wish to review the signs and symptoms associated with sleep apnea, then your service medical record for any associated entries. Also, if you can remember discussing any sleep problems with any close while on active service see if you may be able to locate them and have them write a statement for you. Anything you can gather will help expedite and strengthen your claim.

[Berta]

As I understand the regs-

a claim filed within one year of discharge- if awarded- must go back to the day after discharge for the EED (earliest effective date)

This is the benefit of filing within first year after discharge.

However this is not the same as the one year presumptive regs-

In 38 CFR 3.309 (a) are all of the presumptive conditions.

Most of these have to be found as at least 10% disabling during the first year after discharge, to be found presumptive for direct service connection. Sleep apnea is not on the presumptive list.

As the VBM says- any vet with presumptive disease at 10% or more disabling within that first year after service(some exceptions in the regs-MS- 7 years, TB 3 years, Hansen's disease 3 years)

should have little problem in getting SC award.

All other conditions or disease manifested to 10% disabling-by documented medical evidence-within that first year need an established medical nexus to service.

The VBM also suggest family statements, co-worker statements etc- as support for symptoms within that one year time frame but suggests that usually only a strong medical opinion can support the inservice nexus as likely as not or a statement stronger then that- and the opining doctor should have the rating criteria for 10% when they do this opinion.

The disability could be higher than 10% disabling but the doctor must show that it was at least 10% disabling during the first year after service.

[Pete53]

Sleep Apnea is a bear and getting used to the CPAP is no easy chore. It took me almost a year but now I use mine and sleep like a rock for 7 or 8 hours wake up feeling good and wife says no more snoring from me. I no longer have a dry mouth with gunk in it in the morning and because the air ois filtered I am having almost no problems with allergies. I can even breath through my nose now.

Point of this is if you do get an CPAP be sure and give it a dedicated shot and once you get used to it you will love it.

[Ricky]

Your need to get your claim in asap. As Berta states if filed within one year then it should go back to the last date of service. HOWEVER, OSA is not a presumptive disease so SC is not automatic. You will still have to jump through all of the loops. You will have to find some hint of it during active duty.

[RichL]

Thanks for everyones advise!