Allen Aggrevation claim question

[Wifey]

We are just about to file a claim, like no later than Sunday, and I'm about to pull the plug on part it.  I'm afraid we will not be getting what we expect.

We filed an intent to file last June 3rd, 2018  We will be filing a claim now for Fibromyalgia and OSA secondary to the Fibro.  My husband is a Gulf War vet (1979-1999 with 2 trips to the Persian gulf) so we are filing the Fibro as a presumptive to that.  We have the current diagnosis, lay statements, proof he was there and all the medical records from his time there to present where he was treated for the symptoms of Fibro prior to the actual diagnosis.

We hired a company, Valor4Vet to review his C-file and all medical records and if they could, write a nexus letter for OSA.  They reviewed everything and said they could provide a nexus for OSA secondary to the Fibro. This is coming from a Dr.  At first I thought great but now I am afraid it will just get rated with 0 compensation.  Here is why and please tell me I am wrong.

He was diagnosed with OSA in 2014 and has used a CPAP machine since then. He was just now diagnosed with Fibro although the symptoms date back to his time in service.  The nexus letter, which should come in an email any minute now, is going to state that the Fibro aggravated the OSA.  Not that it caused it but that it aggravated it.  This is true, even though he sleeps with the CPAP, he wakes up in pain nearly every single night from the pain of the Fibro.

So I have read that you have to establish a baseline for the secondary condition prior to the primary condition aggravating it.  Since he has been sleeping with a CPAP since 2014 and just now got his Fibro diagnosis, I'm afraid his baseline and his current OSA would both be at the 50% level, therefore no compensation would be awarded.  I think it would be quite a stretch to say that his Fibro caused his OSA or that his OSA was "proximately due to" his Fibro.

Am I wrong in how it would be rated?  I don't want to apply for it only to get SC and then get 0%.  I would rather fight the tough battle to get a direct service connection.

[broncovet]

There is a real chance that your compensation wont increase, but it sounds like you have already done all you can do.  

With "aggravation" they try to find out "before service" and "after service" and see "how much" it was aggravated by service.  

If you had it before service, then it got worse, they only compensate you to the degree that your conditioned worsened with service.  

As already mentioned:

1.  How bad was your sleep apnea prior to service ?

2.  How much did it get worse from the fibromyalgia?  

You have to answer these questions, I can not.  

If you used a cpap prior...then enter service...and still use a cpap, your compensation, if any, is negligible.  

Go ahead..however, you have gone this far.  We dont know how the decision maker will view it.  

Dont quit now.  

But, dont forget that sleep apnea-depression/ptsd link.  If you are being treated for this, then this may be the way for your to go.  

As always, you will need a diagnosis, in service event or aggravation, and nexus. 

The nexus is different for secondary conditions, however.  You need only 2 of the 3 caluza elements:

current diagnosis,

nexus linking your claimed SC condition to an already sc condition.

That is you dont need an in service event with secondary service connection.  THAT was already established by the primary service connection.