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Sleep Apnea

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blahsaysme2u

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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? 

 

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@awgv001 i guess i am confused. this is a good argument in my eyes. he is saying to the judge and the appeals board that if they are looking for in service DX, that would be impossible because i was in Iraq and there was no way for me to get a sleep study done there. when i came home i was discharged on 5/23, filed the claim on 5/24 and got sleep study done in august and was DX with OSA. i think you might have misunderstood. 

overall i have been really happy with my VSO. he has been super helpful. i just was disappointed by this argument bc i thought it was going to be some GRAND thing. but i guess sometimes simple is better. @vetquest says it hits all the major points. i just worried that its missing something. if anyone else has any input i am happy to hear it though. 

thanks again for everyones time and help!!!

Edited by blahsaysme2u
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no worries buddy. i figured that was the case. sometimes its hard to follow with just words on page. and i totally get what you mean about VSO's. this is my third one and i have no qualms about dismissing him if hes not up to the job. but so far he has been amazing compared to the others(DAV and VFW were awful for me)

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I didn't read the whole thread- Weather here in NY  ( live at the high altitude)has limited my satellite access all week'

but I do believe, since this is not a presumptive disability, that you will need a strong IMO/IME, that can associate your SA diagnosis with your service, and that can rule out any other etiology or cause for it. 

An IMO/IME doctor will need to see your SMRs because there could be something in them that indicated SA, that you or the VA overlooked.

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