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]

On 10/24/2017 at 7:38 AM, 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?

I was browsing my C file and found the denial statement from the dro.

Review of your service treatment records are negative for any complaints, treatment or diagnoses for sleep apnea, there is no medical evidence of the claimed condition during service; no medical evidence of a diagnosis related to the claimed condition; and the evidence does not establish a connection between the claimed condition and an event, injury, or disease during service.

During your VA examination dated November 1, 2016, the examiner found no objective evidence of obstructive sleep apnea. The exam also noted that the results of the at home sleep study was negative for a diagnosis of obstructive sleep apnea.

Sleep Study and Titration dated January 3, 2017, shows you have a CPAP for the symptoms of your condition.

Obstructive sleep apnea occurs due to passive collapse of the oro and/or nasopharynx during inspiration while asleep. It is caused by anatomical abnormalities such as obesity, redundant tissue in the soft palate, enlarged tonsils or uvula, low soft palate, large or posteriorly located tongue), as well as neuromuscular disorder. Of these conditions, obesity is the most common cause. Due to the absence of a cause and effect relationship, it is unlikely that your obstructive sleep apnea is proximately due to or the result of your digestive condition GERD.

Therefore, service connection for sleep apnea on a direct or secondary basis, cannot be granted at this time and is denied. Reasonable doubt does not apply because the preponderance of evidence is unfavorable. 

 

What do y'all think about the bold paragraph? 

This is from the  in lab sleep study they are referring to:

Impression:

1. Obstructive Sleep Apnea syndrome. ICD-9-cm#327.23

2. Successful CPAP titration with resolution of most of the respiratory events.

3. Patient interface device utilized was medium ResMed Airfit F10 mask with a heated humidifier. 

So the symptoms that the reviewer noted was my Dx for OSA? 

 

Edited June 10, 2018 by Fearless

[Fearless]

The VA has scheduled me for DBQ sleep apnea + DBQ med opinion. I am thinking of showing up with my OSA dx report and the cpap that they gave me. Maybe this is a good sign.

[Fearless]

I had my second c&p exam for SA. Showed up with my cpap, dx report, and list of past/present medication. I have a good feeling about this. I will let you all know the results of my claim.