Sleep apnea Environmental hazard gulf war

[dapilgrim]

I previously filed for sleep apnea and was denied. I have been diagnosis with sleep apnea and i use a cpac machine provided by the VA. I have refile for sleep apnea under Environmental  hazard gulf war since it is presumptive as a gulf war hazard. I think it will be denied but i had to try. Any thoughts

[ShrekTheTank]

Where did you see it was a presumptive condition?  
 

I have been racking my brain over the error on my sleep apnea claim.  Sounds like I will do another sleep study. 

[dapilgrim]

12 minutes ago, shrekthetank1 said:

Where did you see it was a presumptive condition?  
 

I have been racking my brain over the error on my sleep apnea claim.  Sounds like I will do another sleep study. 

Sleep apnea is not considered a presumptive condition for veterans exposed to Agent Orange or ionized radiation, or contaminated water at Camp Lejeune. However, veterans of the Persian Gulf War may be entitled to presumptive service connection for their sleep apnea. I think there must be persistent evidence of sleep apnea

 

Link  https://cck-law.com/types-of-va-disabilities/sleep-apnea/

Edited February 18, 2020 by dapilgrim
redacted

[ShrekTheTank]

I guess I will have to wait out the HLR and them add this if they don’t fix it. 

[vetquest]

If you refile and are denied try appealing, it preserves your filing date and sometimes goes faster than a new claim.  Try filing for an HLR to see if they approve.  Look at why you are denied and word your HLR to rebut why you are denied.  If you are denied again take it to the BVA.  Here you may or may not need a IMO/IME, and these are expensive.  You also have the option of hiring a lawyer to take your case at the BVA level if you are not confident of doing the case yourself.  Many options following a denial and we have all been there.  The VA does not give up care and benefits easily.

[El Train]

Sleep apnea isn't a presumptive to the Gulf War.  Get with a VSO prior to filing this or you're going to get denied.

Here is some good info. on Gulf War.  http://www.ngwrc.org/

[Buck52]

9 hours ago, vetquest said:

If you refile and are denied try appealing, it preserves your filing date and sometimes goes faster than a new claim.  Try filing for an HLR to see if they approve.  Look at why you are denied and word your HLR to rebut why you are denied.  If you are denied again take it to the BVA.  Here you may or may not need a IMO/IME, and these are expensive.  You also have the option of hiring a lawyer to take your case at the BVA level if you are not confident of doing the case yourself.  Many options following a denial and we have all been there.  The VA does not give up care and benefits easily.

Good Advice here from Vetquest!!!