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Can they take away sleep apnea % for not using cpap?

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I have severe allergies to dust mites which clogs up my nose which sucks cause i also have sleep apnea... can they take my cpap away when the re-evaluate my claim? its sleep apnea secondary to ptsd so i think its a "temporary" rating but my 5 year mark is almost up, so just wondering.  

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oats - I respectfully submit that the cpap is a " prescription"  issued by an md.

Not able to be "taken away" unless noted as unnecessary - medically. - they can judge effectiveness by your O2 saturations. 100 is perfect - anything below 90 is a concern for breathing. They utilize the clip- monitor that attaches to your finger. 

Dust mites are easily controllable thus, this symptomatology is easily managed. Look at the following link for techniques. Good vacuuming with a Hepa filter. https://www.mayoclinic.org/diseases-conditions/dust-mites/diagnosis-treatment/drc-20352178

This does not answer your question but hope it helps. 

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Well, even tho a CPAP is a "prescription", you not using it suggests removing sc for sleep apnea, as the criteria specifically states that you are using a cpap.  

My cpap has a chip in it, and the sleep doc can tell if/how much I use the cpap.  I suggest yours is the same.  

The suggestion is strong..if you are not using your cpap, you no longer need it and no longer qualify for a 50 percent rating for it.  

I would not keep using the cpap "just because" you want to keep rating.   Instead, you may have other SC conditions you can apply for, such as tdiu, if you are not working.  

In summary, I think VA can argue that you have "actually improved" and no longer need a cpap, and that you should be reduced.  

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  • Content Curator/HadIt.com Elder


I also suffer from sinus/allergy issues, plus I use a CPAP. Up until this year I had problems with my CPAP (pain, discomfort, not keeping it on, etc...). The VA neuro-sleep clinic gave me a brand new machine and a different kind of mask. The new one is really tiny and gently sits just inside my nostrils. No more wearing a bear trap to sleep. My compliance is practically 100%. They also gave me extra micro filters to keep the dust mites and fine particulates out. It might be worth exploring...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.


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  • HadIt.com Elder

I have sleep apnea (not S.C.) But I was prescribe a C-PAP to use BECAUSE va  DX me with Mild S.A....I could file a secondary claim to my 70% PTSD but just never got around to it, I actually ok with what I do have S.C. and rated for.

But the first year I had the C-PAP va called me in and I had to bring the C-PAP Machine

The VA Sleep Clinic  pulled the Sims Card out and  put it in their computer for a read out of the machine  they told me how many hours I used the machine and the # of apnea episodes I had and what range I used it on (pressure )...

I guess it was ok  they said to take it back and keep using it and keep it clean  and the Dr order me some new mask and filters and hose ...this was about 2 years ago  I still use the C-PAP.


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!!!

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Oats, over the past 8 yrs I've submitted a couple SC SA Secondary Claims. Had (3) separate SA C & P's ordered by the Rating Dept. At no time during any of the C & P's was the use of my BiPap addressed. Once you have an SC Awarded for SA with an Rx for CPAP or BiPAP, the 50% SC is a Done Deal.

Requesting an SA 0%, 30% or 50% Increase or a Claim for a Secondary Issue related to SA will be the only thing that will trigger a SA C & P.

My SA SC 50% (2010), 1st Secondary FDC Claim (01/15) resulted in a 04/15 SC 0% Award. 05/15 FDC SA Increase based on 04/15 0% SC resulted in 07/15 Denial. 11/15 Quality Review of 7/15 Denial resulted in SA Increase to 100% plus SMC S (1) 12/15 with an EED of 09/2014.

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