Sleep Apnea grouped with Mental disorder???

[courage2]

I have always been service connected for Generalized Anxiety disorder with Insomnia and Somatic Symptom Disorder. The VA grouped 3 seperate claims as one pretty much. 

 

I filed a new claim for sleep apnea secondary to my lower back which pretty much has not allowed me to continue a consistent workout routine which has led to my obesity and making my sleep apnea severe. My claim for sleep apnea came back and it looks like they grouped Sleep Apnea with the other 3 claims for somatic symptom, generalized anxiety, and insomnia. 

 

 

My question for the group is this something I should appeal? Seems like the VA is trying to group more of my disabilities into one claim this reducing my rating.

 

 

What are your thoughts ? 

Edited November 25, 2019 by courage2
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[courage2]

2 hours ago, brokensoldier244th said:

50% is all you can rate for sleep apnea. GAD would usually be under MH, but if they didn't reduce your rating, what is there to worry about? Did you claim a mental health issue specifically, or do you already have a rating for MH? Insomnia can contribute to anxiety- knowing that you stop breathing in the middle of the night is pretty anxiety causing. I know it was for my wife when she would wake up in the middle of the night to poke me so I would start breathing again. Somatic symptoms is sleep related, too- do you have night terrors? That might be why its grouped with generalized anxiety, too- just a thought. 

I already had the MH disorder service connected. I did a claim for Sleep Apnea secondary to my lower back.. The VA decided to group my Sleep Apnea with the MH issues.. I really dont know why my MH claim was even brought up with this claim..

[brokensoldier244th]

Your bigger problem is somatic disorder. In layman's terms it's a MH condition characterized by physical ailments that may or may not be real due to anxiety, but are real to the patient. Your MH record, for whatever reason, seems to support that. (I don't know, obviously I'm not treating you). Do you have a sleep study to support sleep apnea?

 

They didn't minimize anything. They continued his current rating.

[paulstrgn]

I suggest an NOD to keep the same effective date that you originally filed. Did you have a sleep study? If you did was it the sleep doctor who stated your OSA was because of your back? Did they state why your OSA was caused from your back and support it with medical evidence and sound medical opinion to connect the OSA to your back? They also need to state that they reviewed all your medical records when giving the opinion.

The VA should have stated further down in your decision letter how they came up witth their decision. It should state why this was grouped together.

File the NOD, remember you need to do this within 12 months of the decision.

Good luck

[Buck52]

You quoted above

''I did do a seperate claim for Sleep Apnea secondary to my lower back.''

''I did not file Sleep Apnea secondary to my MH conditions ''

which is it?  are you sure its not the secondary conditions to your MH Conditions?

CAN YOU PUT A REDACTED COPY OF THE VA REASON AND BASES OF THEIR DECISION?(BLACK OUT PERSONAL INFO)

  We can only assume you did have a sleep study   private or VA. Other wise you would have been denied on the S.A.

IF WE KNOW WHY THEY RATING YOU TO ''INCLUDE THE SLEEP APNEA CLAIM .... THAT WILL HELP US. HELP YOU.

WE NEED TO KNOW WHY THEY MADE THIS DECISION? TO INCLUDE THE S.A  if you specifically filed a claim  SEPARATE for the S.A  as secondary to an already service connected condition.

Have you tried to call IRIS and ask how or why the included the SLEEP APNEA CLAIM? or the status of this claim.

one more thing? did you or did a VSO file this sleep apnea claim? if a VSO filed this  you need to check with him/her if it was filed seperate.

if it was not  then the VA decision was to include it with your MH Conditions   ''that's how they screw up trying to maximize our ratings''

[courage2]

Alright I followed up with my VSO and we did actually do OSA secondary to my Back AND MH. VA saw that and quickly grouped it with MH conditions. 

 

My sleep study was done by the VA shortly after I separated. I think my best bet based on the comments above would be to file a new OSA Secondary only to my lower back. 

[broncovet]

Again, your choices are to appeal or to accept a lowball rating, where they combined sleep apnea (with a cpap should be 50 percent) with mental health disorder (this could be 30 percent to 100 percent, depending upon the severity of your symptoms).  

My advice?  Dont accept a fusion of sleep apnea and mental health disorders, and appeal.  Its well established case law that VA has a duty to maximize the Veterans benefits, else they could combine a 0 percent hearing loss rating with a 30 percent arthritis rating, and give you zero for the combined pair.  Dont let them get away with it.  If you accept the advice of a VSO or others who suggest not appealing, then you will be settling in for a lowball rating, just like the VA wants.  

My VSO suggested "I dont appeal" a zero percent hearing loss rating, because the VA "would re visit my service connection and could take it away".   I found out that is a total lie.    Remember two rules:

1.  Veterans Service Officers get "free rent" in VAMC's.

2.  There is no such thing as "free rent".