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

[Fearless]

I spoke with the Texas Veterans Commission, and was told that they are working on appeals from June 2014. At least I know my appeal won't be looked at any time soon.

[Gastone]

Could you post a redacted copy of your SA Denial?

I haven't been able to find any SA Medical Articles linking GERD as a cause of SA? What did you use to support your SA Secondary Claim?

[Fearless]

14 hours ago, Gastone said:

Could you post a redacted copy of your SA Denial?

I haven't been able to find any SA Medical Articles linking GERD as a cause of SA? What did you use to support your SA Secondary Claim?

SA denial explanation: 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for sleep apnea secondary to GERD is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed.

The Decision was made a month before I was diagnosed with OSA.

Just found an old post of a vet getting approved SA secondary to gerd 0%: 

I plan on seeing the sleep specialist to get a nexus written up. Maybe I could get it secondary to my depression. 

Edited October 25, 2017 by Fearless

[Fearless]

On 10/22/2017 at 8:49 AM, Gastone said:

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.

My tongue is large and the pulmonologist  said that contributes to my OSA. I have requested my C-files from the VA and will post back if I find anything interesting. I will also let the community know how the appeal went in the coming years. 

I found this portion of sleep apnea in my C&P:

DBQ RESP Sleep apnea: Please review the Veteran's electronic folder in VBMS and state that it was reviewed in your report. A sleep study has not been performed on the Veteran. If the evidence indicates a diagnosis of sleep apnea, please complete a sleep study to confirm this diagnosis.

MEDICAL OPINION REQUEST

TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.

OPINION REQUESTED: Secondary Service Connection.

Is the Veteran's sleep apnea at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD?

 

The rest of the C&P just talks about me not being DX'd with OSA before I was even seen and DX'd with OSA. 

 

[Fearless]

Hello everyone. My ebenefits  appeal has been updated to; appeal pending - statement of the case (SOC). I called the VA 1 800 number to confirm this, and was told that they sent a SOC today and I should receive it within ten days. My disability percentage is still the same on ebenies; so I assume my appeal has been denied. I was not called in for any exams or new medical evidence; my vso told me to hold off until they asked for it. It has been 8 months, 253 days, since my NOD was filed. I will update everyone once my SOC has been received.

Edited November 28, 2017 by Fearless

[Fearless]

Hello everyone. I have received my SOC in a BBE today. My mood disorder was increased from 30% to 50%, but the sleep apnea was still denied. 

I currently have the following disabilities:  

mixed tension type and vascular headaches (claimed as migraine headaches)

0%

Service Connected

gastroesophageal reflux disease GERD

0%

Service Connected

right (dominant) wrist ganglion cyst

0%

Not Service Connected

bilateral flat feet

30%

unspecified depressive disorder (claimed as dysthymia, anxiety, insomnia)

50%

Total combined disability increased from 50% to 70%

Appeal length- 8 months

DRO

Houston, TX 

I am still waiting on my C file to have an IMO perform.

Dec 2, 2017, ebenefit updated total rating and letters 

Dec 6, 2017, retro pay of 70% from the initial claim

 

Edited December 6, 2017 by Fearless