I was given a rating before all my tests were completed

[Fearless]

Hello everybody,

I was awarded a 50% back in December 2016, but I had one more test to complete to determine whether or not I have sleep apnea. My sleep study test was scheduled for January 2017 and it came back positive for OSA, therefore the VA gave me a CPAP machine. I claimed it secondary to gerd which is rated at 0%. I sent in my NOD on march 20th and 7 months later I have not received any updates. Should this appeal be in my favor?

 

Edit: Forgot to mention I made the appeal with the DRO in Houston, TX 

Edited October 22, 2017 by Fearless
Forgot a little detail

[broncovet]

This is typical.  According to the BVA chairmans report, your VARO will "sit" on your appeal for about 3 years before it even gets sent to BVA.  The new legislation supposedly changes that, and skips the VARO.  Still older chairmans reports reveal that your VSO also "sits" on your appeal while he writes a brief in your behalf..for another 6 to 18 months or therabouts.  VSO''s HATE that we know this.  I called my VSO and asked him why ebenefits said my appeal was "with VSO" for the past 18 months.  Their response was that it did not matter, my claim was "in cue" and already had a BVA docket number.  I found out that was a lie, when I called the BVA to ask them the docket number.  

So, your VSO does their part in delaying your appeal also.  The "brief" your VSO prepares for you, that should take 18 minutes not 18 months, is that generally remind the board that the Vet is to be given the benefit of the doubt, something the board already knows.  This delay is because only "national" VSO's, which have been so trained, can prepare briefs for the Board, they neither train nor allow "regular" VSO's to prepare cases for the Board.  So there are only a half dozen or so national VSO's who have a cut and paste statement that reminds the Board to give you the benefit of the doubt in their brief.   Interestingly, the Veteran is NOT privy to the VSO's brief, so we dont know what it contains.  (Talk about failure to give due process, that is it.  Its like we can not read what the (representative) tells the board about us, to check it for accuracy.  

They could be telling the board we are a lying, stealing bunch of drug addicted thieves trying to con the board out of benefits for all we know.  I think Vets have a right to know what the VSO told the board about us.  For one thing, it may not be true.  

You can read it yourself.

You have to read the 2014 BVA report, not the most recent because I think the VARO did not like the public knowing that they sat on your claim for 3 years before "CERTIFYING" it to the BVA, as that makes the VARO look bad.  (Gee, I wonder why??)  It only takes the Board about a year...but another 3 years for the VARO to issue a SOC (SOC's are pretty much generic and probably generated by a computer..they generally dont contain anything new)

Then it takes the Veteran about 39 days to file the I9 (which the CAVC calls it "perfecting" the appeal).  

If the new legislation "actually happens" the Veteran appeals directly to the Board, we dont need the VARO to sprinkle their (holly water) on your appeal.  After all, we already know the VARO doesnt want to grant us benefits, so we are appealing to a higher authority:  The BVA.  The onerous, and cumbersome procedure of putting the VARO "malcom in the middle" to delay our appeals is not only unnecessary and time consuming, but it gives VARO still another opportunity to "lose" our pertinent evidence before they send it to the BVA.  

 

[Buck52]

If You sent in a claim secondary sleep apna from 0% gerd   your just going to have to wait for a decision or get your decision from your DRO Hearing when you have it.

Remember just because VA diagnose you with Sleep Apnea and prescribe you a C-PAP does not warrant a S.C. Rating

your going to need a Dr  (OSA specialist) to nexus this S.A. Secondary to your Gerd  and how its related to or caused by.

[Gastone]

SA Secondary to a 0% Gerd SC might be a very tuff sell. How about posting a copy of your SA C & P Exam?

 

Were you DX'd with OSA, CSA (Central) or MSA (Mixed)? How do you stack up against the "Usual Suspects," Male, BMI 29+%, 171/2+ neck and large tongue?

Check the BVA Decisions for past few years regarding SA-Gerd Secondary Appeals. Might find some useful information.

[Buck52]

Gasstone makes some good points.

you may need to look into your C-File and see if you have any medical records while you were active  that were suggested you have a sleep problem or  osa  or any type of sleep disturbance while in military...then a Qualified Doc  can read the records and nexus this S.A. related to your Gerd  &  Good lay statement from your spouse about your sleep pattern since military.

Most BVA cases I read if the veteran had any signs or reports for sleep disturbance while in military  then this  type of secondary to Gerd will be approved , without any type of sleep disturbance it will be hard to get the secondary from Gerd.

[broncovet]

I agree with Buck and Gastone.  Sleep apnea is difficult to get unless diagnosed in service.  I have tried, and been unable to get SC for sleep apnea, even tho I have been on a cpap for like 8 years.  As Buck explained, the difference maker is a nexus from your doc.  Did your doctor state something close to :

Quote

The Veterans sleep apnea is at least as likely as not the reusult of your gerd?

  If so, you got a good chance, if not, it will likely take an IMO/IME to get it.  

[Fearless]

Thank-you for all of the informative replies. The sleep specialist typed up a very vague report, but Obstructive Sleep Apnea Syndrome was diagnosed. 

I pulled up my health records off of myhealthevet and was able to find the times I complained about my sleep while on active duty:

11/19/15 - INADEQUATE SLEEP HYGIENE 

4/12/16 - INSOMNIA - SLEEP DISORDER 

9/26/16 - HOME SLEEP TEST, NO SLEEP APNEA, + SNORING 

1/3/17 - IN LAB SLEEP STUDY, OBSTRUCTIVE SLEEP APNEA SYNDROME DIAGNOSED, RECOMMENDATIONS: CPAP 

I have also talked about my sleep problems with behavioral health and was prescribed ambien 10mg  until the day I ETS.

Edit: The first two dates I was still on active duty and the last two dates I had already ets. I thought the outcome would be in my favor but I see the VA will do anything to knock you down.

 

Edited October 22, 2017 by Fearless