Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Sleep Apnea

Rate this question


john999

Question

  • HadIt.com Elder

What are the chances of winning a sleep apnea claim if you did not get sleep disturbance DX or treatment in service.  After I was DX'ed and SC'ed for DMII I developed sleep apnea.  I did have sleep problems in Vietnam but that was more not being able to sleep even when I was exhausted.  I got DMII and I got fatter and I developed OSA.  How would I go about SC-ing OSA since I already have high blood and CAD and with OSA I don't think I will live to be really old.    The OSA has got to be driving the risk factors up for the SC conditions.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

John999  its 50/50

If you been diagnose with OSA or any type of sleep disturbance  you can claim it is secondary to your DMII & possible  CAD and eating disodrer you need a Dr to nexus the two  and just send in a FDC secondary to your existing S.C. Conditions, if a Dr will say its likely as not your sleep apnea is related to your other S.C. Conditions...then you have a 40/60 approval rating especially if your sleep clinic dx you and prescribe C-PAP and mention in medical records your in need for a c-pap For OSA caused by your  S.C. Conditions.

A VA Prescribe C-PAP is not enough...this is where I am , I can't find  Dr that will help me.....other than pay 1500.00 2000.00 for one.  can't afford that.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Buck

 

               I can get a doctor to say almost anything for $2000, but how much weight would it carry at the VA?  I can afford the IMO but with a 50/50 chance to get it SC'ed I don't like the odds.   I believe some of our doctors for hire might make a case for me, but it seems that reputable doctors like the private pulmonologist who treats me and VA doctor will not say that it is likely as not my OSA is secondary to my DMII.  They are too pure and noble to do that or too scared.  If I could find a good VA whore doctor who would do it for $500 I might try.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Yeah I agree but some VA Docs will say'' its related to'' depending on how the Dr is feeling that day?, some times  a VA Dr will say some thing like (if you ask and not mention a claim) '' Doc is or can my sleep disturbance be caused by or related to my IHD/CAD''  or even my DMII''.??

It will depend on what the Dr says? and if he mentions something favorable then you can copy it off myhealthvet Notes.

Most VA Dr's won't help or give their opinion if we mention a claim....so you kinda have to feel what the Dr's Mood is,  mention a claim and they clam up  but just figure out a way for the Doc to say yes it Sure can be related to DMII  or CAD....specially a cardiologist .

This is why its better to ask a private Dr.

 

Hell a few years back I paid 800.00 for an IMO and I didn't need it  they never used it in my decision what so ever  and the private doc used the words is likely as not''   I was approved  but it kinda pissed me off  I went and got that private IMO for nothing...

So sometimes its better/cheaper to Get a decision first before investing in an IMO.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

John999

if your thinking about a secondary SLEEP Apnea claim

I would recommend for you to contact Attorney Chris Attig Office.

He is an expert on helping veterans with OSA/Sleep Apnea...direct or from secondary conditions.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

Need an Attorney or "For Fee" IMO for SA Nexus to DMII or CAD? Maybe, Maybe not.

Give consideration to seeing a non-VA Sleep Specialist, preferably an MD/DO Board Certified Neurologist/Sleep Specialist. This Dr's Clinician Treatment Notes, discussing the supportive Nexus to CAD, would Seal the Deal on a Secondary Claim.

What's the timeline of your DMII, CAD SC's and SA DX?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use