Complex Sleep Apnea Claim, BVA next month!

[turmin8tur]

Hello,

First time posting here...but here goes.  Served Navy in late nineties.  Diagnosed with OSA in 2004, prescribed CPAP.  CPAP didn't work, had UPPP (tonsils, uvula, soft palate, deviated septum).  Made OSA worse, back on CPAP, but CPAP didn't work!  Then had MMA/GA (dual jaw advancement, tongue advancement).  This took 6 doctors 12 hours to perform, and now I have 5 plates and 22 screws.  Cured me for a year, back on CPAP.  Then had sinus surgery (deviated septum, turbinate reduction), cured me for 6 months, then guess what back on CPAP.  After this, now I have an implant in my chest that shocks the base of my tongue, which I have to recharge the rest of my life, every day!  Did it help?  Too early to tell.

My VA claim started in 2011, and just now I am having a BVA appeal.  I had a lawyer, but he lost VA accreditation.  My argument is that I had OSA prior to service, and then it was aggravated in service due to complex sleep schedules (I was a nuke).  I was discharged for "personality disorder" (WTF)?  I was granted 30% for major depression, in partial remission, and then upgraded to 70% for bipolar.  Mental health and sleep apnea go hand in hand, right?  So the evidence...I complained in my service treatment records of sleep issues, particularly poor sleep quality/quantity.  When was I diagnosed?  4 years later, and I am a-typical!  I was 120 pounds soaking wet, 25 years old, oh and male when I was diagnosed.  My doctor that did my jaw advancement said I had a congenitally marked decreased airway (IOW 2mm, versus 10-14 is normal).  I have 3 doctors that wrote letters to the VA saying that the sleep schedules permanently aggravated my sleep apnea.

I got my SOC in 2014, and here are the key parts:

VETERAN WAS INITIALLY DIAGNOSED WITH MILD TO MODERATE OBSTRUCTIVE SLEEP APNEA ON A SLEEP STUDY IN 2004. IN 2005, HE HAD A UPPP SURGERY WHICH CAUSED WORSENING OF HIS OSA. IN 2007, HE HAD MAXILLARY AND MANDIBULAR ADVANCEMENT YO ENLARGE A CONGENITALLY REDUCED AIRWAY SIZE. AFTER THIS SURGERY, WITH CPAP, HE HAS HAD IMPROVEMENT IN HIS DAYTIME HYPERSOMULANCE. HE HAS A HISTORY OF SLEEPING EXCESSIVE HOURS SINCE CHILDHOOD WHICH SOME HAVE SUGGESTED IS RELATED TO HIS CONGENITALLY SMALL AIRWAY AND POSSIBLE SLEEP APNEA, HOWEVER HE WAS NOT DIAGNOSED WITH SLEEP APNEA UNTIL 2004, AFTER MILITARY SERVICE. 

and then

DIAGNOSIS OF SLEEP APNEA WAS NOT ESTABLISHED UNTIL 2004. VETERAN'S SYMPTOMS DURING MILITARY OF DISORDERED SLEE P DOES NOT FULFILL OBJECTIVE CRITERIA FOR OBSTRUCTIVE SLEEP APNEA. ALTHOUGH HIS PRE-MILITARY SLEEP PATTERNS ARE UNUSUAL AND COULD REPRESENT SLEEP APNEA, AGAIN, THE DIAGNOSIS OF SLEEP APNEA WAS NOT ESTABLISHED UNTIL 2004 AFTER MILITARY SERVICE, AND ONE CANNOT OBJECTIVELY EVALUATE PROGRESSION UNTIL A DIAGNOSIS IS ESTABLISHED. 

and then the best part:

The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness. 

50% probability??  Crazy right?

My lawyer linked everything, including the third letter which was new that links OSA to service, and explained everything that went wrong during my denials, more particularly:

3 doctors say the same thing, that have been treating me for years.  The compensation doctor from the VA spent an hour on my case, so shouldn't they claim in favor of me?

Any advice for the appeal, as I will be representing myself (with my wife as a witness), as the lawyer lost accreditation and can't represent me.

Many thanks!