Supplemental Claim for Sleep apnea

[captfire0311]

Hello all,

I've tried to read up on this great forum... Probably should have done it sooner and would have helped with my claims but I don't quite understand all the acronyms and the process to be honest. I did all my claims online with no real help, tried reaching a VSO multiple times with no luck.

 I had applied for sleep apnea less than a year ago (Sept-18') as a secondary condition to the MDD (50%) but with confusion and a new job there was no sleep study just an interview for Chronic fatique syndrome which I also applied for. I was denied service connection for both sleep apnea and chronic fatigue syndrome.

Since then I've been going to counseling and discussed the sleep apnea they had ordered me a sleep study. Anyways I was diagnosed with mild sleep apnea and was issued a CPAP through the VA. 

Anyways I had filed for an increase on a few disabilities I had in April... Hearing damage (0%) and tinnitus (not service connected), major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder(50%). I also appealed the Sleep apnea and once I did it online they sent a packet saying I needed to submit a form for the sleep apnea since it was less than a year ago. I submitted the file with the VA hospital and VA clinic as documented proof of sleep apnea. 

I fully developed claim with Hearing, and MDD have shown up on VA.gov with a current status or review and gathering evidence (received 4/29). The sleep apnea has also popped up with VA.gov but shows status unavailable (received 5/9). Ebenefits shows just the fully developed claim. However, I called the 1-800 number for the VA and they said it has already reached the decision phase and estimated completion for July 14th. 

So what I'm asking is do you guys think this is a good sign for the sleep apnea case? I've seen a lot of people say it's hard to get sleep apnea as service connected but I assume with major depressive disorder with medication induced sleep disorder claimed as depression and sleep disorder it would be easier especially with having a CPAP. Then I'd think my rating would be 80% with 50 for MDD and 50 for Sleep Apnea, no?

[captfire0311]

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Edited June 1, 2019 by captfire0311
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[ShrekTheTank]

So if I am understanding this correctly you filed it as secondary to MDD?  You will needs a doctor to fill out a nexus showing how your medication or your MDD is aggravating your Sleep apnea.  Unless you have an in-service connecting showing issues with sleep apnea.  I think you are correct, if you get both 80%

[toddt]

Regarding the sleep apnea claim.  I believe it's a long shot without a nexus linking your MDD.  To increase your possibility of a win you need a nexus from a doctor who is a specialist in sleep studies.  The letter must state: that your sleep apnea is "at least as likely as not" a result of your MDD.  The docotor must also state how he/she came to that conclusion also, that he/she has read your whole medical file regarding MDD and sleep apnea.  Good luck

[broncovet]

You posted:

Quote

ll try that because I believe if I'm in the decision phase I cannot submit new evidence or files

This isnt true..at least not at the BVA level or below.  If you submit new evidence, it should be considered "provided that" your decision has not already occurred.  (The decision happens well before we are notified of the same).  

Its more like "you dont want" to submit new evidence as you think it will delay you.  It might.  However, any delays would be insignificant to having to appeal, again.  

If you have additional probative evidence, by all means submit it.  Dont wait.  

[ShrekTheTank]

Bronco is right get it there quickly!

[paulstrgn]

You can submit new evidence anytime prior to final decision. As stated above upload your evidence quickly!