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? 

 

[blahsaysme2u]

hahahaha right! i dont think he was talking about army post offices lol

 

[blahsaysme2u]

wanted to update on this. i havent gotten my letter in the mail yet but i my CUE was denied for OSA. the state vso is baffled and wants to do a board review where i go before a judge. i am so disheartened by this. its like the VA doesnt even follow their own rules just to aggravate us. i know this is normal and par for the course and most of you here have been fighting years, just venting. 

I WONT GIVE UP!

ill post my letter soon as i get it in the mail and get your all view. they didnt even mention my diagnosis within year of discharge(which is what we filed the CUE for) hence why my VSO is so frustrated and confused. they talked about it not being a Gulf War disease or something. sorry i cant remember the exact wording, but in general just ignored why we were filing for CUE.

 

 

[Buck52]

Your Cue A denial for sleep apnea?

Here is a little more information on how the VA makes it hard to get sleep apnea Approved.

Not sure why they denied your CUE Claim for OSA?

you may want to read this link out right

https://veterans.perkinslawtalk.com/post/bad-secret-change-to-va-sleep-apnea/

*Source* P/S Perkins & Studdard  LLC

 

Edited January 21, 2020 by Buck52

[blahsaysme2u]

good info. i dont think thats the problem though. like i mentioned, they stated something in the letter(just going off memory so please dont quote me later) that osa is not gulf war disorder, or something to that effect. i dont even know what that has to do with me being diagnosed 2 months after i was discharged, but thats the VA for you

i had lay evidence, diagnosis with the "golden year" and current dx with cpap usage at nearly 100%(i cant sleep without the darn thing). aside from my stupid sleep doctor refusing to comment on weather my osa is service connected, i should have won this CUE.

so frustrating!

 

 

[blahsaysme2u]

GOT THE LETTER TODAY!!!

none of this makes sense. 

in the section "reasons for decision" it states my service records dont contain complaints, treatment or diagnosis. then on the ver next page it says under "Favorable Findings": you have been diagnosed with a disability. VAMC dated xxxxxx shows OSA.....what the literal actual............................................i am so pissed i could spit in the VA face! 

someone please help?!?!?!?!!?!?!?!?!?!?!?

[vetquest]

It looks like they are saying you have a disability, ie sleep apnea but it is not service connected.  This sounds like you got this and the allergies determined before the one year but they were not compensable during that one year time frame.  This is delay and deny.  File an HLR or a BVA appeal for sleep apnea.  Before filing for the BVA appeal I would think of contacting a NOVA approved lawyer to see if they would be willing to represent you.  If they are willing that means that they think they can win the case.  BVA cases take a while but it appears that the VA is giving you the run around and an HLR would get you more of the same.  I would also file for the allergies if you have not already and when you are denied see if they can roll this into the BVA case.

I hate to point you to the BVA at this time but it seems the only way to get this straightened out.  Over two thirds of cases at the BVA are remanded or overturned.  It just takes some years to get there and get everything back.  I wish there was another way but there is not that I can think of, I spent ten years going to the BVA and back.  Yours should not take that long.