Sleep Apena denied

[Berta]

This is from a poster on my profile-

"JaeNobe said:

I was denied OSA claim secondary to Depression and Chronic Pain. I have an IMO from David Anise connecting it to my service related injuries and depression, Sleep Dr. put I my C-Pap was a necessity.  I have a c-pap. Even, submitted the NIH Sleep Disorder study.   I do not have my letter stating why the denied it Im pretty sure its because of the VA's PA that half way did my C&P (5 mins) said that she believed it wasnt.  It was I want to appeal but not sure what the best ave is to do so. Do I hire a lawyer (if so, who do you recommend)? Do I use DAV, VSO. I've seen someone say ask them to send to BVA.  I'm at a complete lost as to what my next step should be. "

 

[Berta]

They did not ignore the IMO, however, they did not seem to give it any weight at all.

"The submitted statement from Dr. XXXXX opined that yourmedications associated with the treatment of your service connected depressivedisorder assisted in causing your obstructive sleep apnea."

Can you scan and attach the IMO here? (Cover any names, etc.prior to scanning it.)

Dr Anaise often requires an in-person exam...by IMO (Independent Medical Opinion) do you mean he did an IME-(Independent medical exam) 

[Buck52]

EVEN IF YOU HAD NO COMPLAINTS IN THE MILITARY ABOUT YOUR SLEEP APNEA

diagnose for sleep apnea  an medically nessessary to use a C-Pap machine 

This is a secondary claim for Sleep Apnea  all a veteran is required to prove is that  a qualified Dr give his/her opinion that he she has examined you and read your pertaint medical records  that your existing  service connected disease  caused or is related to your sleep apnea as secondary to...what ever? like ptsd...or whatever the sleep apnea is related to on your already service connected disability (jmo)

[Berta]

https://www.ncbi.nlm.nih.gov/pubmed/16335330

That is just the abstract but it narrows it down to what  any IMO doctor would need to support the claim.

But that was just the 2005 study and more have appeared since- which one did you use from NCBI NHI?

I think something might be lacking in the IMO-that is why we need to read it.

 

[Berta]

"Although the opinion of record does not provide the exact nexus between the benzodiazepine use and the Veteran's sleep apnea, considering the benefit of the doubt standard, as well as principles of judicial economy (the Board having remanded this case on four prior occasions), the Board finds that the proper remedy is to grant the appeal. Service connection for obstructive sleep apnea on the basis of aggravation under the parameters of 38 C.F.R. § 3.310 is warranted. ORDER Entitlement to service connection for sleep apnea, as secondary to service-connected major depressive disorder, is granted."

https://www.va.gov/vetapp14/Files4/1427494.txt

This claim was remanded 4 Times!

If the veteran had obtained a strong IMO/IME ,it would not have taken so long.

It is a very interesting read for any veteran trying to claim sleep Apnea as secondary to a SC condition or due to meds he/she takes for the SC condition.

"The submitted statement from Dr. XXXXX opined that yourmedications associated with the treatment of your service connected depressivedisorder assisted in causing your obstructive sleep apnea."

What medications did he opine on, and we need to read his rationale.

Did he also use the 2015 NCBI NHI study?

[Richard1954]

I used Dr. Anise when I claimed my left knee injury and Sleep apnea secondary to my lung disability.. The VA ignored his IMO  in both cases.... I was awarded Sleep apnea secondary to my Lungs but they denied the claim for my knee and I appealed it.  The knee was afforded another examination and  I was awarded service connection.  You will have to appeal and make sure that you call out the opinion from Dr. Anise. T%he VA is required by law to give you the benefit of the doubt when the evidence is equal for or against the claim.

[Berta]

If the VA ignores a valid IMO/IME , it is a CUE-

however if they opine on the IMO in the decision, that is Not a CUE.

Here is another good link that addresses anxiety /depression, PTSD meds and their relationship to Sleep apnea.

http://www.ngwrc.org/updates.htm