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Sleep apnea

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Jayco

Question

I filed a claim with the help of my doctor for sleep apnea as secondary connection.  Denied.  Filed a NOD.  Denied.  The NOD was denied over a year ago.  A doctor for the VA said my sleep apnea was due to being over weight and that I "refused" to use my CPAP.  They offered me a hearing, but I never responded.  I have tried off and on for 10 years to use a CPAP and just cannot use them.  Discouraged by the whole process I just gave up. 

Read this concerning weight:

 "Unfortunately, too many people disregard the other risk factors for diabetes and think that weight is the only risk factor that raises the chances of a person developing a disease for type 2 diabetes. Most overweight people never develop type 2 diabetes, and many people with type 2 diabetes are at a normal weight or only moderately overweight."

Read this on CPAP machines and surgery in a forum in Thailand:

"I went to Bummrumgard here in TH and the doctor told me he didn't dispense them to overweight people they didn't work well enough.  He also didn't do the expensive surgery for sleep apnea on older or overweight people."  

Bummrungrad is a well known and highly respected hospital in Bangkok.  I went there for heart disease and diabetes, but not sleep apnea. 

I'm now thinking about trying again.  I have two questions:

Do I start over like it is a new claim?

Can someone recommend an attorney or doctor with experience in filing claims for sleep apnea?

I think I have a case.  It most likely will end up having to go to a hearing, so I need expertise in filing the claim.

Thanks.

 

 

 

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I was aware of your FMP situation, just not the Thailand deal. Will have to eyeball the FMP program. Can't believe a VMC on Okinawa or Japan can't mail you SA supplies.

You may have previously covered this information, refresh my memory, who DX'd your initial SA?

Where & who did your Comp C & P's? Have you tried to get copies of the respective SC DBQ's?

Have you filed an FOIA Request for your  VA Med Records and C-File? Can take up to 12+ months to get your C-File on CD. I filed for my 2nd FOIA C-File 10/16, still waiting, shows up as a pending claim on my E-Ben.

The Non-VA Sleep Neurologist that helped me and my (4) Vet Buddies only met with us (1) time, reviewed our respective Sleep Study's and did a physical exam prior to entering in his Appointment Clinician Notes his opinion regarding the required Nexus information "More Likely Than Not."

As to your "Dry Mouth" problem, don't feel like the Lone Ranger. What type of Cpap Masks and chin Straps have you tried? I'm on my 5th change since 2010, now using a model that just covers the bottom of my nose. I still have a desert dry mouth every morning but it doesn't stop me from being 100% use compliant. Mind over matter, right.  Just have to use a Dry Mouth rinse 1st thing, every morning.

Semper Fi

 

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2 hours ago, Gastone said:

You may have previously covered this information, refresh my memory, who DX'd your initial SA?

Diagnosed by my GP, who was also a sleep specialist, at a private hospital in the US in 2006 .  I was not even aware I could qualify for disability before 2012.  After I arrived in Thailand Dec 2011, I  ran into a fellow vet who explained the agent orange connection.  If I had never come to Thailand, I probably would never have known.  As I said earlier according to the study I stop breathing 20 seconds out of every minute.  My oxygen level measured down around 89. 

2 hours ago, Gastone said:

Where & who did your Comp C & P's? Have you tried to get copies of the respective SC DBQ's?

I've never met with a VA employee of any kind.  I filed the claim myself and received an email from the American Embassy in Bangkok to arrange an exam.  Doing this off of memory, but seems like the embassy gave me a few doctor suggestions, but recommended an American doctor that was experienced in doing VA exams.  He worked in a hospital in Bangkok.  He gave me copies of the exam results.  He is also the one who rendered an opinion in support of my SA claim. 

In my original claim I did list SA along with heart and diabetes.  Since I did not know what to list, it was more of a list everything approach.  At that time I was not sure what would be covered.  They denied it.  I did not pursue because I knew nothing about secondary conditions.  Later once I knew more I filed a claim for SA secondary to diabetes. 

To speed things up, could I have a sleep study done here in Thailand and possibly take that study to your non VA sleep neurologist in the US?  Could probably have the sleep study done in the next couple of weeks.  If the neurologist needs to see medical records, that could take a while.  I do not have a copy of my C file. 

If all he needed was a sleep study and do an exam, that could be done fairly quickly. 

Okay to post a copy of the VA response from their doctor on here?

Gastone, did you handle your SA claim yourself?

Thanks.

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My 1st VSO VVFW back in 07/08, screwed the pooch with my !st claim. Never heard from the Rep again, even after I received the Denial Letter (about 10/09). Telephone calls, Emails and even Notes slipped under his always closed office door at the RO, were never returned.

Procrastinator that I am, about 07/10 I realized I better do something about filing the NOD before the 12 mos from Denial Letter Date Deadline. Did some quick research, opted for a DRO Hearing, filing my NOD at the 11th Hour of the 11th month (11/2010). Even after filing my NOD, never heard anything from my VVFW Rep acknowledging he got a copy or any correspondence what so ever from the VA. This guy was a real loser, Old Dude with no fire in the belly. Kicker is, he still works for the VVFW.

Scan redacted copies of your Medical and VA Award/Denial letters as pdf's and attach them to your posts. I'll send you a Msg with my email so we can discuss my Sleep Neurologist. I don't think you would have to travel to see him. He's x USAF, 6ft 175lb with a 141/2 neck. He's had OSA for years. He's an MD, Board Cert Neurologist Sleep specialist.

It's been my experience with my own SA Claims, the VA C & P Drs are not Bd Cert Neurologists Sleep Specialists. I've had 3 different SA C & P's, all by VMC Staff GP MD's, never a Neurologist/Sleep Specialists.

If you haven't already done so, Fax a VA Complete C-File FOIA Request (see the FOIA info on the BVA Web page). Do you have an E-Benefit's account? Start a New SA Secondary to CAD Claim ASAP, just don't hit the Submit Button yet.  TIME to GET YOUR DUCKS IN a ROW.

Semper Fi

 

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The VA C & P Dr's Medical Credentials would be interesting. His giving no credence to your CAD or DB II appears, in my lay opinion, to indicate he was not an expert in SA causing conditions.

What is your Medical History of your weight gain? Significant weight gains after a Heart Attack and/or Bypass surgery are very common. The old "Equipose Medical Evidence," will probably come into play with regards to an Appeal. You need to present N & M Evidence that could support a "Jump Ball" Decision which would require the Rater to Award you based on the VA Benefit Of Doubt Doctrine.

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Diabetes, hypertension, and weight gain all occurred before 2001 bypass surgery.

I vaguely remember there was a section that explained the acronyms used on this site.  Looked for it, but could find.  Could someone point me in the right direction? 

One thing that struck me is the doctors statement that no recent sleep study has been done to determine if my conditions have been made worse.  He seems to be admitting that there is a possibility they have been.  I would think since it has been 11 years since the last sleep study, the doctor would have recommended a new sleep study. 

Diagnosis for SA was obstructive back in 2006.  I am inclined to think that it is mixed, partly obstructive and partly central.  Thinking maybe I should get another test.  If the new test found mixed, would that make any difference?

Thanks.

 

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