Secondary VA disability conditions

[Garrett]

DisabilityRatingDecisionRelated ToEffective Dateleft ear hearing loss0%Service Connected10/20/2017left ankle sprain with instability and degenerative joint disease10%Service Connected04/09/1996

right ankle strain, with degenerative arthritis

10%Service Connected10/20/2017sleep apneaNot Service Connectedgastroesophageal reflux disease with symptoms of sleep disturbance10%Service Connected08/15/2018migraine headachesNot Service Connectedtinnitus10%Service Connected06/21/2017chest painsNot Service Connecteddiabetes mellitus type 2Not Service Connectedback strainNot Service Connectedprostate conditionNot Service Connectedleft shoulder impingement syndrome with mild degenerative joint disease20%Service Connected04/09/1996

left upper extremity radiculopathy

Not Service Connectedchronic bronchitis0%Service Connected04/21/2011right shoulder instability with severe degenerative joint disease30%Service Connected10/16/2018

right shoulder residual surgical scarring

0%Service Connected04/09/1996

right elbow condition

Not Service Connected

right upper extremity radiculopathy (previously claimed as right arm condition)

Not Service Connectedallergic rhinitis0%Service Connected07/27/2009

I was denied for sleep apnea 3 years ago. As you can see above, they granted an increase of GERD with sleep disturbance. My question is can I refile for the sleep apnea secondary to GERD.

Your feedback is much appreciated.

 

Thanks, Garrett 

[GBArmy]

Bingo! Winner winner chicken dinner. They gave you a CPAP; rated it as "severe" Their words? You go 10%. Get another private sleep study and an IMO. You should be able to get to 50%. IMO!

[Buck52]

Proving Sleep Apnea Secondary to another S.C. Condition it hard to prove on your own  you need a qualified Dr to render his pro opinion that it is likely as not the cause or related to your S.C. Condition.

  It will help if this Dr examines you and reads pertains medical records, a home sleep study my not go over to well with the VA Rater, , so just because you have a C-PAP Don't mean they will approve you to be secondary s.c. for sleep apnea  or give the automatic 50%.

  It will take a qualified Dr to give you a good nexus between the s.c. condition that causes your OSA. He will need to go into detail as why this happens  ect,,ect,,,

[NoZZZ's]

Buck52 is right...you will need a medical opinion linking your sleep apnea to the secondary condition, with sound rationale based upon medical evidence and research. SA secondary to Allergic Rhinitis is possible, but it needs to be what is actually happening with you. Only a medical professional can determine this. Same thing with GERD. 

You can claim SA secondary to both AR and GERD, but again will need  medical nexus letters to support this.

You will also likely need a sleep study done at the VA or a private provider, not an in-home study. They are more in-depth, and provide a better picture of your SA. Is your SA obstructive, central, or mixed?

One last thing, which is important to consider, is if you are obese. If you are, any medical opinion you have that supports your SA secondary to AR or GERD will have to also address your obesity and why that is not necessarily the primary cause (i.e. your GERD and AR, along with your musculoskeletal SC conditions lead to reduced activity, which in turn have lead to weight gain...etc...etc). 

And with all of that, you can still be denied, and have to appeal.

[NoZZZ's]

Also, why were you denied 3 years ago? You will have to overcome that rationale as well.

[NoZZZ's]

One last thing...you will need a Dr. (best if it's the one that prescribed the CPAP) to state that the CPAP is necessary (not just recommended) to treat your SA. This is important for reaching the 50% threshold. The argument that "they wouldn't give it to me if it wasn't necessary" does not suffice, as correct as it may be.