Obesity and Sleep Apnea Concurrently

[tk3000]

 

Over the years, I gained weight which I attribute at large to my physical disabilities (left leg with hardware) and ongoing pain which makes exercising more difficult, currently my BMI is of 32.6 which is classified as obese. There has been cases within the VA whereby mental healhty issues have been grounds for a successful obesity claim, and one also have mental healty issues so this is another ground for the same claim of obesity (the rational being that depressive disorder would increase ones food intake). But it seems to me that the physical disability issues are a stronger case. Anyhow, both disabilities make for an even strong claim of obesity. I am not sure how a claim of obesity is adjudicated at the VA, but I am not morbid obesity by any means.

 

Nonethless, my claim for obesity is a door for another claim; claim for sleep apnea. Recently I was diagnosed with sleep apnea through a sleep study, I have had the same study done in 2011 whence I was more fit and the result was negative but this time around the result indicated a diagnosed of sleep apnea with need of a respirator in order to sleep.

So both the obesity claim and that of sleep apnea would have to be concurrent, and the later dependent on the second.

 

The following are some of the arguments I plan on adding to my claim:

 

Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). In this particular case the third criteria applies since there is a nexus between the veterans physical disabilities (physical limitations and pain plus depressive disorder) and his obesity and henceforth the development of sleep apnea.

Therefore sleep apnea is proximately due to the veterans obesity disorder ( greatest risk factor for sleep apnea) which in different degrees of causality is a consequence to the following veterans established service connected disabilities: mainly left leg physical condition with pain which hinders physical exercise more difficult and depressive and anxiety disorder which increases one food intake (Obstructive sleep apnea and other symptoms of OSA are associated with probable major depression, regardless of factors like weight, age, sex or race, according to a new study from the Centers for Disease Control and Prevention.).

-------

Does that sounds like a sound and quick claim to through even the notoriously dynfunctional VA claiming process? 

 

Edited July 7, 2018 by tk3000

[R3dneck]

What is your question?

[broncovet]

It sounds like you want to know if there is a good chance of your claim (for sleep apnea) suceeding.  

The answer is "Yes, IF".  

      Yes, if you have all 3 caluza elements:  diagnosis, in service event, and nexus.  

Did your doctor say your (sleep apnea) is at least as likely as not due to your "left leg hardware"?  

If so, then your claim has a great chance of suceeding.  If not, you will need to make that happen before you get sc.  

[tk3000]

6 hours ago, broncovet said:

It sounds like you want to know if there is a good chance of your claim (for sleep apnea) suceeding.  

The answer is "Yes, IF".  

      Yes, if you have all 3 caluza elements:  diagnosis, in service event, and nexus.  

Did your doctor say your (sleep apnea) is at least as likely as not due to your "left leg hardware"?  

If so, then your claim has a great chance of suceeding.  If not, you will need to make that happen before you get sc.  

First off, there is a diagnose and the issuance of CPAP machine (in the near future). The reasoning is very simple and straightforward and several veterans with a much weaker and far-fetched case were granted the benefit (veterans whose only nexus was between sleep apnea and depressive disorder: depression => overeating => obesity => sleep apnea). In my case there is a physical impairment that make mobility and exercising much more difficult, moreover on top of that there is also depressive disorder; overall it seems that this  to be self-explanatory and self-evident and that C&P examiner that is not biases toward  veterans would grant the case.

I don' t know whether or not obesity alone is a disability subject to any financial compensation.

 

Thanks!

 

 

 

[Gastone]

Tk3, your source information for the "several Vets with much weaker and farfetched" SA Claims Awards statement is?

C & P Examiners don't "Grant the Case," they're tasked solely with completing an SA DBQ. The RO Rater, and if necessary the DRO, BVA Judge or CAVC is the final Arbiter of your SA Claim. 

Unless it's hidden somewhere in the 38 CFR 4, there is no "Obesity" SC Rating. Claiming your recently DX'd OSA as Secondary to a Non-secondary SC'd BMI of 32% is very problematic. Of course, you're aware that filing this New SA Secondary Claim will prompt an RO Review of your other SC conditions as well, any chance of a Reduction?

[broncovet]

Ok, according to your post you have confirmed you  have a current  diagnosis of sleep apnea.  Good, that is 1 out of 3 required for service connection.  

Now, for the other 2 Caluza requirements:  

Do you have documentation of an "in service event" or aggravation?  (Caluza element 2)

And, do you have a nexus (Doc statement that your sleep apnea is at least as likely as not due to an in service event?  This would include if your doc says your sleep apnea was caused by (a service connected condition).   (Caluza element 3).  

If you have these 3 documented, then you are good to go.  If not, you will need them documented before you can get sc for sleep apnea.  

Edited July 8, 2018 by broncovet

[tk3000]

13 hours ago, Gastone said:

Tk3, your source information for the "several Vets with much weaker and farfetched" SA Claims Awards statement is?

Actually, I found at least two cases at the BVA whereby a veterans case was decided favorably (I don't have the urls though). But in one such cases the link was made between the veteran's depressive disorder to overeating which would cause obesity which then would cause sleep apnea. At first, I felt that it was a sort of far fetched case  (but my opinion in such matters carry no weight): from depressive disorder to sleep apnea. But further research shows that according to the CDC such link is widely recognized.

Quote

C & P Examiners don't "Grant the Case," they're tasked solely with completing an SA DBQ. The RO Rater, and if necessary the DRO, BVA Judge or CAVC is the final Arbiter of your SA Claim. 

But does not the rater make a decision based on medical information and the medical examination? Many years ago, I have had a case and claim for heartburn/gerd related to the intake of pain medication. I had no nexus from any outside physician  neither did I have a clear indication that it was service related. But the examining physician made a statement that it was as likely as not caused by my left leg condition due to pain medication intake.

Quote

Unless it's hidden somewhere in the 38 CFR 4, there is no "Obesity" SC Rating. Claiming your recently DX'd OSA as Secondary to a Non-secondary SC'd BMI of 32% is very problematic. Of course, you're aware that filing this New SA Secondary Claim will prompt an RO Review of your other SC conditions as well, any chance of a Reduction?

I would imagine that most people would not develop obesity while in the military since fitness in the military is so important, and an unfit person would likely not join the military to begin with.

Yeah, that is the doctrine of don't rock the boat! Almost all my service connected conditions have been upped by the BVA, most decisions made by the RO were a recurrent disgrace (low ratings) done by cronies skewed and biased against veterans. The idea that the RO would yet again review and readjucate at will all my service connected conditions sounds insane, especially knowing that a "higher court" (BVA) have decided in my favor to begin with, moreover these decisions and medical opinions made the VA itself (C&P physicians) stated that there is no prospect of improvement for any of my conditions. So, maybe they would review conditions that are subject to review due to potential improvements of the condition in the near future, otherwise the idea that the RO could change a well established decision by the BVA based on their own ignorant, illogical and irrational criteria sounds completely crazy for me; and if that is the case nobody whom had decisions made at the BVA should ever file another claim ever again.

Thanks, Gastone

Edited July 9, 2018 by tk3000