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Sleep Apnea secondary to PTSD and Sinusitis

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MrStryker

Question

I had made another post but I think this title is more appropriate.

I got my RAMP decision letter for my OSA denial.  In a nutshell,

"The evidence does not show that sleep apnea is related to the service-connected condition of PTSD personal trauma, alcohol use disorder, nor is there any evidence of this disability during military service. In general, there is not a relationship of sleep apnea to post traumatic stress disorder. Sleep apnea involves the respiratory system and the airway where as PTSD is a mental condition. However, all cases are different. If you have a medical opinion from a physician stating that your sleep apnea is caused by PTSD with a reasonable rationale, please submit it and we will reconsider."

Not mentioned even on the evidence list was my IMO from Dr Anaise.  The only mention was the DBQ from my psychiatrist which gives an opinion relating PTSD and sinusitis, which are both service connected.  The IMO and DBQ addresses PTSD and sinusitis.  The evidence was submitted using E-Benefits.  The legacy system doesn't allow uploads of documents but RAMP does.  I'm not sure if the rater didn't check the upload folder? 

Should I do another supplemental and resubmit my IMO?  I also got an IME from Dr. Ellis that was not part of the original appeal.  I was under the impression the VA rater isn't supposed to make a decision without opposing medical evidence?  Also he/she mentions that sleep apnea is a respiratory problem....  Is the rater even allowed to say that without having a C&P exam?

Edited by MrStryker
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4 hours ago, vetquest said:

Don't get mad, file an appeal.  If you can get to the BVA they will read all of the evidence and usually award.  I had this many times were the VA refused to consider all evidence.

Yup. That's the plan.  Thank's brother.

Edited by MrStryker
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I did file an Appeal for 2nd time back in October....      have not heard a drop as to when my VJ Hearing will be held.  All the letter said "I would get a 30-day notice."  Left in the dark as usual. 

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On 2/23/2019 at 7:26 AM, vetquest said:

Don't get mad, file an appeal.  If you can get to the BVA they will read all of the evidence and usually award.  I had this many times were the VA refused to consider all evidence.

Vetquest is right don't get mad as this is what they want you to do!  Get it to the BVA so they will review everything.  I know it is a tough road especially when you do all of this work to show how it is linked.  Then they turn a blind eye to it as if it never even happened.  

The VJ can take years to get seen.  I know when the DRO saw me it took almost a year.  

Edited by shrekthetank1
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