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Rick33

sleep apnea case credibility questions.

Question

Hello all; I am a US Navy veteran and new to had it and was wanting to ask about my nexus letter and some specific lay evidence that I have.  First, I have a nexus from my physician connecting sleep apnea to service. He wrote a  letter and said that I have suffered from symptoms of sleep apnea both in service and post service referencing symptoms listed in lay evidence and spouse interview. He didn't call them out specifically just that he seen it in the lay evidence. He did mention frequent indigestion and headaches though. Will my physician not listing each symptom in his letter result in the letter being discredited or does the reference to symptoms in lay evidence work?

There was also a time in service that personnel I served with gave me a difficult time for waking them up and complained to the Senior Chief who informed me there was nothing that can be done. This was 1993. Underway in casual conversation I brought it up to the corpsman who said no testing or sleep study would be done at that time. I told my wife about what my Senior chief said several times in the past and she mentioned it in her letter to the VA; however; in my 4138 I only mention the conversation with the corpsman which I thought to be more pertinent. Could this present an issue with my claim and if so would I be allowed to elaborate in another statement on a 4138 or letter and maybe tell the whole story leading up to what the LCPO stated?  This has been waiting for appeal for 2 years and I don't know why all of a sudden it has been bothering me this past month. Thanks in advance for any responses or assistance and I hope I didn't ramble on. 

 

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Stay with the basics:  Current diagnosis, In service event or aggravation, and nexus.  

If this is a private doc "nexus" make sure he has stated:

1.  That he is qualified to make said statements, that is he is a board certified sleep doc, etc, or that he has experience or training in treating sleep disorders.  A Phd in basketball wont work.  

2.  That he states, "he reviewed your medical records".  

3.  That he states your sleep apnea is "at least as likely as not" related to an in service event.  A statement like, your sleep apnea "could be" related to service wont suffice.  

4.  He needs to provide a medical rationale for his opinion.  

    If he does not comply with the above, his opinion is unlikely to result in service connection for sleep apnea.  A "buddy letter" documenting that you had "sleep apnea symptoms" in service is good.  Sleep apnea  symptoms are things like loud snoring, falling asleep at inappropriate times, etc.  

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Rick...the hadit ranks "start over" and are based upon your number of posts.  You move up rank by answering Vets questions, and hadit rank is unrelated to the your rank in the service.  

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Thank you sir; I appreciate your response. Everything is covered with the exception of #1. His Vitae/resume' is attached directly behind the letter though. Is that acceptable?  If this won't suffice I will have time to get it rectified. 

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Also; will the VA think my wife and I contradicted each other? 

Thanks in advance for all of your time. 

 

I hope that one of these days I will be able to give guidance to someone in need as I grow in my knowledge and wisdom.  

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