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Navyguy2013

NOD Concerning Obstructive Sleep Apnea

Question

I have a NOD pending with the VA. (My claim was denied for not showing up for my C&P exam, I was never notified of my exam). One of the disabilities in this NOD is for Sleep Apnea. While still on active duty, I had a sleep study and was diagnosed with having apneas and hypopneas with heavy snoring. But I was not diagnosed with obstructive sleep apnea; I did not quite meet the AHI threshold for OSA. The test was only 4 hours long, as the sleep lab had a power outage and they stopped the test 4 hours into my sleep study. After I retired, I had another sleep study and 1 year and 1 month after I had retired, I was diagnosed with mild obstructive sleep apnea and I had a CPAP machine prescribed to me, (No power outage this time). Should I try and contact past shipmates to write a “buddy letter” stating they heard me snoring and appearing to stop breathing? My service record medical file shows where I complain of not sleeping well, feeling tired in the day, memory in a fog, and my wife complaining of my heavy snoring. Should this amount of data be enough to be granted service connection and have my claim approved?

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Its an automatic denial whenever you fail to show for a C and P exam.  You need to over come that, first.  Make certain VA has your correct, current address at both VA medical and VA benefits.  Dont just check one, check both.  

I dont know how long ago it was, but the first thing is try contacting your local VAMC where C and P exams are given, and ask for a reschedule, explaining you never were notified.  Regardless of who's fault it is for you not going to a c and p exam, you wont get benefits without attending one.  So, you want to fix that problem ASAP for you.  Dont wait on that.  Ask for a resched.  

If you can not get a resked, then you will have to go through the whole appeal process just to get a resked.  That wont get benefits, it will get a resked.  Try honey before appealing.  There is plenty of time to try vinegar later.  

If you can not get a resked, you can try an IME/IMO.  That may save time, but be sure your specialist you hire understands how to write an IME/IMO sufficient for VA purposes.  An IME/IMO may cost you money, yes, but your C and P doc may not give you the evidence you need anyway, so it still may require an IME/IMO even with a C and P exam, because docs who work for VA tend to know who is paying them and act in their interests, not yours.  

Edited by broncovet
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Hey broncovet,

That's nothing, VA denied my SA and Then gave me a C&P. Talking about back tracking. This was a prime example. I didn't do anything about it though. I thought it was strange and a** backwards. Anyway, I am still freighting the  claim.

 

Never surrender...never give-up

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