Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
JaeNobe

Primary Physician for Sleep Apnea C&P

Question

Hello All, 

I recently submitted a claim for Sleep Apnea secondary to depressive disorder on Friday (1/25). Along with submitting the claim I submitted and IMO from a non-VA doctor.  Today Tuesday 1/29 got a call to schedule my C&P. (World Record to me) Was wondering if anyone else thought this was weird and they also said that my C&P exam was going to be conducted with a Primary Physician not a Sleep Specialist.  I also just thought about it. I didn't submit a DBQ with my initial claim. Could this be the reason? Just seemed off I'm not going to a specialist.

Edited by JaeNobe

Share this post


Link to post
Share on other sites

Recommended Posts

  • 1
14 minutes ago, JaeNobe said:

no that is the doctor that did my sleep study at the VA and then the same name shows up on the Article you posted. 

My IMO was done by Dr. David Anaise

Wow! What are the odds?

Now you have more added weight to your claim.

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

You just discovered another VA "gotcha".  They did the same to me.  I applied for OSA secondary to depression.  They sent me to a c and p doc "with no experince in sleep medicine".  

That is like hiring an expert witness who is not an expert..he is not even "in that field"!!!

You will need to overcome this.  My recommendation is simply wait until you get the c and p exam report.  Check to see if you have all Caluza elements:  Since this is secondary, there are only 2:

1.  diagnosis of sleep apnea, and for 50 percent comp, you need a prescription for a cpap and a doc statement that your cpap is "medically necessary". 

2.  You will also need a nexus, that is, a statement from a doc that your sleep apnea is "at least as likely as not" due to your sc depression.  The doc then should give a medical rationale as to why your sleep apnea is related to depression.  

     You dont need an "in service event" since that was already established with your depression service connection and it need not be repeated. 

Follow these 2 things carefully..if your c and p exam is unfavorable, this may be the time to dispute the qualifications of the examiner, if the doc has no expertise is sleep medicine.  You dont need to bring that up, tho, unless the exam is unfavorable.   

Share this post


Link to post
Share on other sites
  • 0
20 hours ago, broncovet said:

You just discovered another VA "gotcha".  They did the same to me.  I applied for OSA secondary to depression.  They sent me to a c and p doc "with no experince in sleep medicine".  

That is like hiring an expert witness who is not an expert..he is not even "in that field"!!!

You will need to overcome this.  My recommendation is simply wait until you get the c and p exam report.  Check to see if you have all Caluza elements:  Since this is secondary, there are only 2:

1.  diagnosis of sleep apnea, and for 50 percent comp, you need a prescription for a cpap and a doc statement that your cpap is "medically necessary". 

2.  You will also need a nexus, that is, a statement from a doc that your sleep apnea is "at least as likely as not" due to your sc depression.  The doc then should give a medical rationale as to why your sleep apnea is related to depression.  

     You dont need an "in service event" since that was already established with your depression service connection and it need not be repeated. 

Follow these 2 things carefully..if your c and p exam is unfavorable, this may be the time to dispute the qualifications of the examiner, if the doc has no expertise is sleep medicine.  You dont need to bring that up, tho, unless the exam is unfavorable.   

Thank you broncovet for you info. 

 

I have an IMO from Dr. David Anaise.  He does use the term "more likely than not (more than 50 percent) level" several times.  Also, my sleep study shows that its necessary.  Im hoping that the RO is just needing an actual Dr. to fill out the Sleep Apnea DBQ. 

Share this post


Link to post
Share on other sites
  • 0

Now, sleep apnea secondary to depression is a new one on me. What does secondary mean? I have 30 for asthma and 70 for bipolar and have a sleep apnea C&P exam for next week that I'm pretty sure is secondary to asthma. 

How exactly would sleep apnea be related to a mood disorder? Should I look into that route, too? 

Share this post


Link to post
Share on other sites
  • 0
2 hours ago, Wanderer said:

Now, sleep apnea secondary to depression is a new one on me. What does secondary mean? I have 30 for asthma and 70 for bipolar and have a sleep apnea C&P exam for next week that I'm pretty sure is secondary to asthma. 

How exactly would sleep apnea be related to a mood disorder? Should I look into that route, too? 

So the reason OSA is secondary to a condition is because 

1.  you have OSA and were not diagnosed while in service 

2.  OSA is agrivated by the condition ie (ptsd, asthma).  Could be many others

You need documentation showing where doctors show the condition being agrivated by the service connected condition. Also a nexus would not hurt.

  • Thanks 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines