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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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wemer13

Sleep Apnea Claim

Question

           Hello fellow Veterans, I am looking for some advice and or knowledge on how to proceed with my claim! I am currently at 90% (TDIU P&T) paid at 100% but trying to get to 100%

flat. I never had any sleep issues that I was aware of during my military career. In 2012 I was diagnosed with severe obstructed sleep apnea, I have a c-pap issued from the V.A 

and currently still use it. My claim was denied stating I had not received any treatment for the issue while on active duty! Can this be rated as a secondary service connected 

disability? Any help would be appreciated! 

 

Current disabilities!

70% PTSD COMBAT,  20% LEFT SHOULDER,  20% RIGHT SHOULDER

10% TINNITUS,  10% LOWER BACK,  10% RIDICALOPATHY

 

 

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Yes, it can be rated as secondary.  In order for this to happen you will need a doctor to write a nexus letter stating that it is "more likely than not" that your sleep apnea was caused by your PTSD.  But, the doctor must also state why and provide his/her reasoning for that diagnosis.  

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Thanks for the response Todd, now comes the hard part I suppose! I wonder if I can get or find a doctor to do this, giving the fact that all my health care is done through the V.A

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34 minutes ago, wemer13 said:

Thanks for the response Todd, now comes the hard part I suppose! I wonder if I can get or find a doctor to do this, giving the fact that all my health care is done through the V.A

Did the VA give you a C&P exam?

It might be worth getting in with your VA psych doc and the neuro sleep folks and ask them to work together on it.

Don't forget you can still file for other things. If your SC disabilities, or side effects from the medication used to treat them, are causing you additional potential disabilities, it might be worth exploring secondary SC for those. For example, the VA often feeds veterans NSAIDs for years to treat joint and back pain. A common result is reflux/heartburn, which can be SC. Another common example is when meds used to treat PTSD cause you to not perform normally in the sack. That can be SC a bit differently with an SMC-K award, which means a little over $100 more a month, but does not go towards increasing your combined rating %.

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 They did not! My V.A Psychiatrist put me In for a sleep study through IU health! they diagnosed me with severe obstructed sleep apnea! They didn't deny the fact that I have sleep apnea, they denied me based off that I had no diagnosis while on active duty! 

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You don't have to have a diagnosis of OSA while in the service to get s-c. If the meds you are prescribed make you gain weight, the added weight can cause the sleep apnea. It is a 50% rating if you can get it, although I see you are already at 100%. But it would help put you in line for SMC's, either now or in the future. You will need a good nexus letter. You could use one of the specialist referred to here for an IMO or find your own. You can win it if you have the right nexus, but it will cost you. Your decision.

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