Sleep Apnea Claim Process (my experience, could use advice)

[Diotima]

- So I got out of the military in June 2014 and I had a sleep study later on that year in Sept 2014 as part of my Original Claim. Part of that claim was to see if I could claim Sleep Apnea so I bundled it into the original claim despite having no "evidence" besides as lay statement.

- My home sleep study was "abnormal" not enough data so I was sent to a sleep lab  and told I did not have sleep apnea but that I did have Hypersomnia (according to doctors notes)

- At no time did my doctor relay this note from the sleep lab about Hypersomnia but I did notice they said it was "likely" not connected to my service, so denied essentially... the end right?

- Well I continued feeling very tired and displaying all the classic signs of sleep apnea in my view for several more years. My mother told me as I was sleeping over at her place that it sounded like I had trouble breathing and stopped breathing... so she was notably concerned.

- This jumpstarted the process to get a 2nd sleep study in 2019. This time I received a positive diagnosis for Mild Sleep Apnea and I now have a CPAP

- I am thinking about to my time in the military, working shifts, long hours, and generally having very poor sleep for years due to this. My military records show several entries where I told doctors I was taking Unisom... this was basically added due to having a adverse reaction to Unisom after my other sleep aide ran out and I didn't know any better. This should be indicative of sleeping difficulties as this went on for some time... leading towards a 2nd hospitalization in Al'Udeid after having a 2nd reaction to Unisom (at the time I did not know what caused the initial adverse reaction from the 1st time).

I think someone, such as myself, could tell a compelling story that my health due to a sleep disorder deteriorated starting during the military and aggravated by the military due to various factors. 

Does anyone think I have a possible case or is my evidence to thin? 

 

[Diotima]

15 hours ago, kanewnut said:

I don't quite understand this. Its been a few years back but I have secondary issues that were granted more than 15 years after ETSing. 

https://www.va.gov/decision-reviews/supplemental-claim/

 

You can file a Supplemental Claim within 1 year of a decision if you have new evidence, unless one of these rare situations applies to you. You have a: 
Fiduciary claim, or 
Multiple party claim

[Diotima]

Hi guys update... I just wanted to  show you a excerpt from my medical records with PII blurred out... this is my FIRST sleep study in 2014... my recent one from this year had a positive diagnosis. My doctor has never brought up Hypersomnia but im increasingly thinking all this is linked somehow. CPAP helps somewhat but I am plagued by tiredness despite this.

 

So while in military I was plagued by constant fatigue sometime after coming back from Afghanistan I would wager... headaches... just tired all the time.

 

This seems to have morphed into pathologic hypersomnia  (doc never brought this up to me)...

 

Sleep Apnea diagnosis a few years later so who knows if it was missed before... argh! The doctor makes it sound as if I have it and that it was a cause of my military service "at least as likely as  not a result.." (how would you interpret this weird wording?... it seems I could claim it at least and claim SA secondary to Hypersomnia.

 

I found this on the phrase.. https://cck-law.com/news/news-va-standard-of-proof-at-least-as-likely-as-not/

 

The “at least as likely as not” standard is part of the non-adversarial nature of the VA disability claims process. For claims for VA disability benefits, veterans do not need to prove conclusively that they are entitled to a certain benefit, only that the evidence shows that there is at least a 50% likelihood that they are entitled to the benefit they are seeking.

If a veteran obtains a private medical opinion, whether it be from an independent medical professional or their personal physician, the doctor will need to use the “at least as likely as not” language. A favorable private medical opinion that uses VA’s standard of proof can be helpful in rebutting against a negative C&P examination, or in simply providing one of the requirements of service connection: a medical nexus.

 

My VA doc seems to not really give a **** since he never brought this up and it makes me somewhat mad as it seems pretty clear I should be able to claim it.

 

 

 

 

Edited June 28, 2019 by Diotima
clarity

[doc25]

On 6/27/2019 at 8:01 PM, Diotima said:

Hi guys update... I just wanted to  show you a excerpt from my medical records with PII blurred out... this is my FIRST sleep study in 2014... my recent one from this year had a positive diagnosis. My doctor has never brought up Hypersomnia but im increasingly thinking all this is linked somehow. CPAP helps somewhat but I am plagued by tiredness despite this.

 

So while in military I was plagued by constant fatigue sometime after coming back from Afghanistan I would wager... headaches... just tired all the time.

 

This seems to have morphed into pathologic hypersomnia  (doc never brought this up to me)...

 

Sleep Apnea diagnosis a few years later so who knows if it was missed before... argh! The doctor makes it sound as if I have it and that it was a cause of my military service "at least as likely as  not a result.." (how would you interpret this weird wording?... it seems I could claim it at least and claim SA secondary to Hypersomnia.

 

I found this on the phrase.. https://cck-law.com/news/news-va-standard-of-proof-at-least-as-likely-as-not/

 

The “at least as likely as not” standard is part of the non-adversarial nature of the VA disability claims process. For claims for VA disability benefits, veterans do not need to prove conclusively that they are entitled to a certain benefit, only that the evidence shows that there is at least a 50% likelihood that they are entitled to the benefit they are seeking.

If a veteran obtains a private medical opinion, whether it be from an independent medical professional or their personal physician, the doctor will need to use the “at least as likely as not” language. A favorable private medical opinion that uses VA’s standard of proof can be helpful in rebutting against a negative C&P examination, or in simply providing one of the requirements of service connection: a medical nexus.

 

My VA doc seems to not really give a **** since he never brought this up and it makes me somewhat mad as it seems pretty clear I should be able to claim it.

 

 

 

 

At the very least you should have been granted hypersomnia at that time. Depending on the severity it can be rated under 8911 petit mal seizure. No, hypersomnia is not a seizure, but if you suddenly lose consciousness or fall asleep this is not good. As it can put you and others in danger. See my point?

You probably should re-open if it's over one year or claim hypersomnia. BEWARE: if you claim hypersomnia you MIGHT lose your earliest effective date.

But, if it was diagnosed during that exam and you were afforded a favorable nexus I don't see why you would lose that earliest effective date.

If you're still feeling tired, despite using your CPAP, there may have been a possible progression of worsening from OSA to Central Sleep Apnea.

Edited July 1, 2019 by doc25

[Diotima]

20 hours ago, doc25 said:

At the very least you should have been granted hypersomnia at that time. Depending on the severity it can be rated under 8911 petit mal seizure. No, hypersomnia is not a seizure, but if you suddenly lose consciousness or fall asleep this is not good. As it can put you and others in danger. See my point?

You probably should re-open if it's over one year or claim hypersomnia. BEWARE: if you claim hypersomnia you MIGHT lose your earliest effective date.

But, if it was diagnosed during that exam and you were afforded a favorable nexus I don't see why you would lose that earliest effective date.

If you're still feeling tired, despite using your CPAP, there may have been a possible progression of worsening from OSA to Central Sleep Apnea.

That's the thing it was part of the initial claim. I had claimed sleep apnea so I would get sent to a sleep study.  I didnt claim it but i also never saw this diagnosis.