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Advice on best route to Secondary SC for SA

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PrestigeWorldWide

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Just some backstory, ETS'd in 2011, filed a claim for everything in my records. Ended up with 30%  (10 Asthma, 10 Right Shoulder, 10 Hypothyroidism). I also claimed Sleep Problems/Lower back problem. My C&P appointment info for those two issues went to my home of record, so they were missed (Big F up, got it). I have treatment records while AD for my back and tingling in the legs - because I missed the C&P, they rated it a 0% which is understandable. I am working on getting that increased.

Fast Forward to recently, I have always had some PTSD due to an Iraq deployment 06-08 but was hesitant to submit a claim due to pursuing a career in LE. My sleep problems have also been escalating so I finally decided to get both of them checked out now that I am in a stable career and have the time.

I went and got sleep study from a private facility and was diagnosed OSA with a prescribed CPAP. I talked to the sleep doctor about trying to get it SC'd and she said she would write a nexus letter should I need it. I talked to her about my continuous thyroid problems ( increasing Levothyroxine dosages, my continued weight increase and my constant Hypo/Levo side effects). She asked if I was SC for PTSD and I said not at the moment, but I was working on it. She seemed more willing to write a nexus for PTSD than my Hypothyroidism.

Approx 2 months after my SA diagnosis (last week) I received a 50% rating for PTSD. Still waiting on my envelope, but its updated in Eben.

My question is, what would the best route be to establish the SA as a secondary service connection ? I know it has been granted for both PTSD and Hypo individually.  Also, does my earlier claim for "sleep problems" have any bearing on a new claim or secondary claim ? I have not currently spoken with a VSO, but would like to know the best route from this community.

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As I said in another thread, I have a doctor that did my DBQ and he worded it as (due to or aggravated by)! The (aggravated by) is the wording that I have researched to be affective in explaining the connection between SA and your existing condition. This is going to be secondary to my depression and anxiety with medication and also my back condition. I was not even aware of SA while I was in the army and not until a few years ago. This is why it would be better to connect it to my present conditions. Yes, I do think I had it while I was in because of my loud snoring and other soldiers making fun of it but, since I never complained ( I wouldn’t have even known about SA) about it in my SMR it would be next to impossible to connect it that way. 

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  • HadIt.com Elder

if you never had  any  reported sleep  disturbance while in the military  it will be much harder to prove S.C.

However you can prove your snoring by buddy statements from your unit  the men that knew you snored  ect,,,ect,,  its a long shot to S.C. but it can happen.

I think your better off going for a secondary to your depression that has caused your Sleep Apnea  like medications that can be related to and cause of sleep apnea   along with a sleep study report and a prescribe C-PAP Machine  from the VA would help boost your Sleep Apnea Claim

you will need a strong medical opinion from a sleep specialist and a MH Dr  to loop this secondary S.A. CLAIM to your depression medications   he/she will need to name the medications and then put the nexus to it.   or link them together. and give his/her opinion that'' it it least likely as not'' that your depression medications is related to your now VA  Diagnose Sleep Apnea.  which you are currently prescribe a C-Pap machine from the VA.

IF Awarded  you should get a 50%rating  depending on how they rate your symptoms  for higher ratings.

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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  • HadIt.com Elder

if you have Sleep Apnea   You will be better off getting a C-Pap machine and start using it ASAP  with or without a claim   it could save your life.

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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  • Moderator

As with all disorders, you will need a nexus and a diagnosis.  You dont need an "in service event" provided that your doctor says its secondary to an already service connected condition, such as your PTSD.  

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