Jump to content
  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

Question

Is it safe to say if I had no prior dx of sleep apnea and now my first ever study showed mild sleep apnea since my sTBI it could be claimed as secondary? I'm awaiting my local Va opinion but if it is secondary to my TBI at which point is pyramid a problem. I already have blackout spills claimed as dizziness and lightness, scars from the feeding and tracheotomy tube, and migraines claimed as headaches. Lumped in with it is PTSD and soon to be Chronic AD for a combined 70% . If i now file for Sleep apnea which now I'm being fit tested for a CPAP machine if found to be a secondary claim could that be lumped in with my TBI and I'm not going to bother asking about ratings.

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

No, its not "safe to say if I had no prior dx of sleep apnea and now my first ever stududy showed mild speep apneay it could be claimed as secondary".  

To get sleep apnea as a secondary condition, you need:

1.  Current diagnosis of sleep apnea (and you are using a cpap if you want to go for a 50 percent rating).

2.  A doctors statement which says your sleep apnea is at least as likely as not secondary to (TBI or PTSD).  

Unless you have this "secondary nexus" documented in your file, you wont be getting any additional compensation for sleep apnea as a secondary condition.  

However, since you are 100 percent, a secondary service connection for sleep apnea may or may not raise your disability compensation level.  To be eligible for statuatory SMCS

housebound, you need a single 100 percent plus an additional 60 percent seperate and distint ratings.  If your sleep apnea is secondary to your tbi or ptsd, Im not sure if you would qualify as "seperate and distint".  Someone else may chime in, but its hard to say something is seperate and distint when its secondary.  

Share this post


Link to post
Share on other sites

Ad

  • 0

Any DX, SC'd as "Secondary" is a separate SC Issue, even if Rated at 0%. 

If in fact, you were to obtain a Sleep Specialists confirmed Nexus of your DX'd SA being linked to the SC'd TBI, an RX for CPap or BiPap would result in an SA 50% Award. 

There isn't a Pyramiding issue with a Brain & SA (Respiratory- 2 different systems) SC, however, I do see a problem with the PTSD & "soon to be Chronic AD." Do you think the AD will result in a separate SC or an increase to an existing PTSD Rating?

Any mention in your SA DX of an RX for a 02 Concentrator to be used in conjunction with the CPap? That would be evidence of "Chronic Respiratory Failure" and could lead to an eventual SA 100% Award at some later date.

Semper Fi

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Ok I was just checking my Neurologist chimed in yesterday at my TBI exam said the same thing and to file it she knows I'm already 100 p and t with SMC S. She said I should get everything that I'm dx with filed for SC so later down the road. Right now I have 9 issues SC and two in an appeal that should be granted just a matter of time. This was dx at the Va hospital so hopefully speeds up an FDC claim.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines