Sleep Apena Denied. Next Steps?

[Wigwagflag]

Hey all,

I recently received my rating decision for Sleep Apnea claim. 

The Rating Decision states the following, "Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. While your service treatment records reflect complains, treatment or a diagnosis similar to that claim, the medical evidence supports the conclusion that a persistent disability was not present in service. Although, there is evidence of a sleep complaint in service, there is no diagnosis of sleep apena in service, nor was there a diagnosis of any other sleep disorder in service. Service connect for sleep apena is denied since this condition neither occurred in nor was caused by service." 

I complained about and received medication specifically for sleep problems hyper-somnolence etc for about two years. At my particular post getting an MRI was an uphill battle, I did not complete a sleep study on active duty but I did receive one from my local VAMC.  I have my complete STRs. Do I have any recourse?  Would a IMO or nexus letter be helpful? Any guidance you guys could provide would be helpful as my VSO is lost in the sauce. 

[Snake Eyes]

I was initially denied SA because on the same date I went in for the SA complaint, the doctor pointed out an unrelated issue. I told him that I always had that issue and he wrote "Says had all his life" and continued to examine me for a sleep study referral.  Twenty years later, the claim was re-opened with buddy letters and a letter from my sister all attesting to the fact that I did not have sleep issues prior to the dates in question. That and a nexus letter from doctors helped get things turned around.

In my case, I had more to overcome than what you described. Hopefully, a NOD will get you on the way to resolving this claim. Good luck, and thank you for your service.

[Buck52]

In my opinion  you can get all the sleep studies and Dr's notes with a osa diagnosis  as much as you can & VA Prescribe C-PAP, but claim  will be denied if you can't nexus the OSA or sleep disturbance to military service...or at least something that is secondary to a S.C. Disease or Injury  to OSA.  

If there is no Records of any type of sleep disturbance or''persistent disability''  WHILE IN MILITARY then your in for a long battle with the VA.

Edited May 10, 2018 by Buck52

[Gastone]

W, post a redacted copy of your Denial. Give the last pages discussing what you can do if you don't agree. Do you see the reference to the "Official Request for an Evidence Conference?" Give it a couple Reads, then tell me your thoughts.

I can't say I've seen any other Vet on Hadit, other than myself, ever discuss using the "RO Evidence Conference."  Besides being referenced on ALL Award/Denial Letters, you'll find it addressed in the VA M21 DRO Section.

[Buck52]

 Just a word of thought

In filing your 0958 be sure to use  the word I ''DISAGREE '' with the decision and not  phrase it as  ''you don't agree''

Request DRO Review.  the DRO should send you a letter letting you know he/she got your dro review request and give the date & time/time limits for the review or what type of review you want and give an explanation of informal or formal reviews and any other instructions you need.

 

Edited May 11, 2018 by Buck52