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

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    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

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Rootbeer112

Sleep Apnea secondary to PTSD granted but !!!!

Question

Hello everyone,

 

   Just posting this question now after talking to Gastone in another forum. I have an NOD in from 2016, for PTSD and Migraines , both of which were denied in 2016 which is why I did the NOD. While being treated for my PTSD I was sent to have a Sleep study done as I have horrible sleep patterns, it showed I have Sleep Apnea, therefore I now use a CPAP machine etc... The head of Sleep at The Philadelphia VA as well as my provider filled out DBQ's for me as well as wrote Nexus letters stating that my OSA was directly related to my PTSD and PTSD Meds. I did an FDC and the VA connected it secondary to PTSD, so on ebenifits under the Pending Disbalities where PTSD is, there is an Arrow that says sleep apnea secondary to PTSD.

Here are my questions:

1. I have my NOD in for PTSD as well as Migraines and have DBQ's , Nexus letters etc... for both. Can they or will they still deny my PTSD if they have already connected my Sleep Apnea secondary to it.

2. If they do approve me a rating for PTSD, will I then be rated for Sleep apnea as well?

 

Any thoughts would help. thanks

 

Semper Fi

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You are asking us to "predict" what VA "will do".  VA is not a unified body...there are a bunch of employees there and there is a wide discrepency on how they rate Veterans, so the short answer is we dont know.  

However, IF the VA follows its own rules:

1.  No, they can not "deny" PTSD, then service connect sleep apnea secondary to a condition that has been denied.  To get secondary service connection, you first have to have the primary conditions service connected.  

2.  Not necessarily.  However, if you have the Caluza elements documented, your chances are much better.  

Caluza elements for PTSD:

1.  Current diagnois of PTSD

2.  Documented "in service" event or "stressor".  

3.  Nexus, or doctors opinion that your current diagnosis of PTSD is "at least as likely as not" due to xx event (your stressor) in service.  

Caluza elements for sleep apnea secondary to PTSD:

1.  Current diagnosis of sleep apnea.  

2.  Current service connection for PTSD.  

3.  A nexus, or a doctor who says your sleep apnea is "at least as likely as not" secondary to your PTSD (or medications for your PTSD).   

       IF you have all six of these documented IN YOUR FILE, and, IF your rating specialist can read (some do not)  then you should get service connection for both.  

If you are missing any of the above, its likely you will be denied.  

 

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If the sleep apnea is granted , Cpap use/Rx is a 50% all on its own. Hope you get it!

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17 hours ago, broncovet said:

You are asking us to "predict" what VA "will do".  VA is not a unified body...there are a bunch of employees there and there is a wide discrepency on how they rate Veterans, so the short answer is we dont know.  

However, IF the VA follows its own rules:

1.  No, they can not "deny" PTSD, then service connect sleep apnea secondary to a condition that has been denied.  To get secondary service connection, you first have to have the primary conditions service connected.  

2.  Not necessarily.  However, if you have the Caluza elements documented, your chances are much better.  

Caluza elements for PTSD:

1.  Current diagnois of PTSD

2.  Documented "in service" event or "stressor".  

3.  Nexus, or doctors opinion that your current diagnosis of PTSD is "at least as likely as not" due to xx event (your stressor) in service.  

Caluza elements for sleep apnea secondary to PTSD:

1.  Current diagnosis of sleep apnea.  

2.  Current service connection for PTSD.  

3.  A nexus, or a doctor who says your sleep apnea is "at least as likely as not" secondary to your PTSD (or medications for your PTSD).   

       IF you have all six of these documented IN YOUR FILE, and, IF your rating specialist can read (some do not)  then you should get service connection for both.  

If you are missing any of the above, its likely you will be denied.  

 

Broncovet,

 

     I have all of what you described above plus I am trying to place a screen shot of how my secondary sleep apnea shows up on ebenifits

disabilities 2.jpg

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They are just piddle farting around they love to makes  us sweat or prolong our agony so we will worry.

Just hang in there and keep checking the updates on ebenny's

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