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]

yeah my VSO has already submited for BVA with hearing. one of the lawyers they use will be representing me he said and will assist me with the case. i am jsut so frustrated. i dont want to give up but this is so upsetting and frustrating. i am going to get an IMO as well now with a sleep doctor that will write "as least as likely" service connected given the time frame of discharge and my DX(talked to the dr earlier today about this. i have appointment with them in march.) i am also going to see if he will fill out a DBQ since my VA doctor refuses. 

thanks for confriming that i am at least on the right track. ill post my BVA argument once it is completed by the VSO and see what you guys think/

thanks gain

[blahsaysme2u]

Does anyone have any input what this Gulf War stuff they are spouting on about is regarding?

my CUE only mentions that i served in the Gulf in Iraq during July of 07- May of 08. then we stated i was diagnosed in August of 08 for OSA and this is a CUE as i was diagnosed within 1 year of discharge. what is their reasoning here? has anyone seen this before or is this the VA just being the VA and delay and denying?

thanks again for your help everyone!

[LightofSolitude]

It's good that you are considering an IMO, but remember, you cannot submit this IMO as "new and relevant evidence" if you choose the "HLR route." It might be in your best interest to take this straight to the BVA. For some reason, the VA loves to deny sleep apnea claims. I know through years of research and reading endless court cases that sleep apnea is one of the more difficult claims to win at the Regional Office level, but not impossible. Whatever you do, do not give up. Perseverance is key, especially in your particular case.

[blahsaysme2u]

thanks for the words of advice and encouragement. i really appreciate it!!!!!

i am working on a BVA submital and the VSO i am working on is writing it up with lawyers they work with. they want to go before judge. i have also decided to go to an outside sleep doctor to get a IMO and see if i can get an DBQ filled out by them. 

thanks again!

 

[Willy P]

Blah,

We are in the same situation.

I was diagnosed with sleep apnea within 1 year of discharge.  Like you, I was denied.  That was 2016, and I gave up.

I scraped some pennies together and paid for an IMO, then submitted a supplemental claim a month ago.  I was approved (still waiting on the letter in the mail, but ebennies is showing 50%).  Even though the C&P Doc said "at least as likely as not" service connected the first time around, the IMO is what was needed I guess.

Like you, I've been told that this should have been a CUE.  I just don't see in writing where it would apply as a presumptive condition.  If I win a CUE, I would win about $50K in back pay, so I'm debating on whether to write one or not.  

[blahsaysme2u]

yeah mine should go back to 2008 and would result in over 100K. i think thats the reason i have been given the run around.

i will keep posting here on updates on my case in cluding my VBA write the VSO is putting together. once he sends it to me i will put it up for you guys to read over and give some pointers and advice on. 
STAY TUNED