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. "

 

[kanewnut]

2 hours ago, Berta said:

You might as well get a copy of your C file too, from the VARO you deal with.

My C-file contained all my SMR's. I would think that because he is already rated his would be in his C-file too. If he is able to get it from his VARO I would think that would  be the quickest way.

[Berta]

This was your first post:

"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,"

and the VA decision  states this:

"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.

The evidence shows no medication treatment for any mental health condition prior to or at the time of your diagnosis of obstructive sleep apnea. "

I could find no medical rationale in the opinion to support both of those statements.I saw no medications mentioned at all in the IMO.

But the VA did have the SMRs, You had them, so I assume Dr Anaise had them as well, and possibly saw ,in your service records , a link to the sleep problems as a potential comorbid condition-which could be very possible, and the beginning of sleep apnea.

You need to go over your SMRs very carefully, to see what meds they gave you, and also if there are any other entries regarding your sleep problems- in service.

Many vets have proven inservice Sleep Apnea, by getting buddy statements from unit members who verified they snored loudly in service. Others have probably had entire in their 201 files they they were late for duty or fell asleep on duty- stuff of that nature.

Evidence like that would help support a direct service connection for the OSA.

Dr Anaise mentioned the co morbid factor and there is significance evidence to support that on the net- but his statements were generalized and not specific to you.

At first I thought the VA erred in their decision-but they didn't because there was no medical rationale specific to you in the IMO linking the depression or the meds to the OSA.

I spent a lot of time reading and re reading the info you gave us and much more time researching some excellent articles that would support a comorbidity factor-but they would hinge on what you can find in your SMRs.

If you need buddy statements to prove you snored loudly or had excessive sleepiness during the day- your unit surely has a web site and possibly a reunion list or area where members can be contacted by email.

We also have many Sleep apnea veterans here-so hopefully they will read the entire thread and offer some advice.

 

 

 

 

 

 

[JaeNobe]

11 hours ago, vetquest said:

SMR's are service medical records and STR's are service treatment records, basically the same thing.

Thanks thats what I thought. I have those already.

I have them on CD as well as the copies I made when I got out. 

Only meds I can remember off the top of my head without looking at the SMR's are Tramadol & Flexeril that would relate to my pain. 

I found on my paper work when I was getting out I checked the box that said I have experienced some depression while in service but it was not diagnosed. 

Edited June 26, 2019 by JaeNobe