Sleep Apnea

[blahsaysme2u]

i havent posted in a while. i was denied my claim for sleep apnea and got help from the state VSO because i couldnt get the vfw or DAV to return my phone calls. 

i in the army national guard. i was in 03-09 and was deployed to Iraq in 07-08. upon return i immediately went to the va and filed for benefits for health care. i was injured in iraq and filed claims for those. i also was having problems sleeping and the VA gave me a sleep study(4 months after discharge from active duty) and was diagnosed with sleep apnea. i filed a claim and it was denied. 

years have gone by since then and i was trying to get a claim for my sleep apnea once more. last year i submitted a claim(thinking the claim i submitted in 2008 cant be appeal etc.) i was denied a couple months ago again saying that my diagnosis was not "in service". now while i understand i was not active duty at the time of diagnosis, it was only 4 months after. also, where in Iraq would i have been able to get a sleep study done? 

i have been trying and trying to get help with this claim and doing research on my own. i was not getting anywhere. soooooo i went to the VSO. he immediately says "this is a CUE". he says that since the diagnosis was less than a year from discharge from active duty, i should have been granted service connection. so i am confused on this because its not listed by the VA as a presumed disease. is this CUE going to fail? if not, i was also denied service connection for my allergies that i was diagnosed with around the same time. should i file a CUE for that as well? 

 

[AllTheWay]

Mine appeal was moving fast just like that. it went to judge in august 2018, as of today, the judge is still reviewing.  Hopefully that your keep moving faster.

[blahsaysme2u]

@AllTheWayand you had your hearing?

[AllTheWay]

No hearing, no nothing.  I had called Peggy and of course she could not give me an answer. She did tell me that it was still open.

[blahsaysme2u]

oh i already had my hearing. but as of today still "reviewing"....taking forever! i was really hoping this would be done before the end of the year!

[blahsaysme2u]

JUST AN UPDATE!!

still pending review by judge. i was told it was put on hold for "reasons" and bc "FOIA" request was submitted and they forgot to close the request after they sent my c-file. i was told a month ago that the FOIA was closed but checked today and still pending and no movement on my osa claim. i had my hearing in august. i am getting very frustrated as would think this would have been decided already. 

thoughts comments welcome!

[blahsaysme2u]

UPDATE UPDATE UPDATE!!!!!!!!!!!!

I WON I WON I WON!!!!!!!!!!!!!!!!!!!!!!!

100%

P&T

thank you to everyone here that helped me through this journey. but its not done yet! i will post a new thread later with new topic. they only gave effective date from date i reopened the claim in 2019, not when i originally filed the claim in 2008. the letter i received even noted that the original claim and dianosis is from 2008. so we will see what next step is. 

for now i am just so happy to finally be in the 100 club. no more exams...no more doctors. its finally over!

thank you all again

@Berta @broncovet @shrekthetank1 @awgv001 @vetquest @GBArmy  @Buck250