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Question - how to proceed with sleep apnea denial

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I looked at claims and I see 3 methods and only one allows new evidence.  I an not sure how to proceed and or if I need to complete the NOD of just ask for a supplemental decision review and then submit my new documents.

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  • HadIt.com Elder
5 hours ago, GBArmy said:

Buck so your saying when he got s-c for PTSD is a key element relative to his weight gain. Hadn't considered that, but it make sense the VA would use that logic to deny. Good point!

Well only when the rater reads more into it  ,weight gain does relate to osa but   only in a case where it would apply to the Veteran   from taking medications...its to eazy for them to read back to see if the veteran was already obese and use that to deny the osa claim.

its better that have a defence to use like PTSD Meds and gained weight after he was dx for PTSD and prescribe the meds causing his weight gain and a Dr to nexus the  weight gain & osa to be related or the cause of his OSA..

FOR me as example  I never was over weight while in the military nor did I have sleep disturbance or complain about not being able to sleep while in military..I think I might have snored  but that was a  long time ago.

so after I was service connected for PTSD @70% &MDD, But only paid for the ptsd , but I started taking these medications from my MH Clinic and they knock me out cold  Although I was already obese and after a year or so on these medications  I would stop breathing in my sleep and jump wake up gasping for air  or my spouse would wake up and catch me not breathing   ect,,ect,, gasping for air..so I mention this to my VA MH  Dr's and the very first thing they did was do a medication  review and set me up with a VA Sleep study, I went to this private sleep study because the sleep study for veterans was like 6 months to get one with the VA  and low and behold they diagnosed me with mild to moderate sleep apnea AND REQUIRED TO USE A C-pap machine medically necessary for my well being,  if you have sleep apnea  no matter how severe it is  it's still a dangerous diseases to cope with  you can die from it  if you stop breathing long enough  and your brain don't tell you to breath...I have not filed a claim for sleep apnea  but may do so just to get it service connected  in case that's what gets me.

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  • HadIt.com Elder

Buck If you're 100% P&T, or been rated 100% for 10 years, I guess it wouldn't matter much for your wife to pick up DIC. But if not in those categories, you really should look into it. And another reason is that with a CPAC, you could be rated at 50%, which could possibly help out for SMC's down the road (hopefully not needed.) And a last reason I can think of why you should file is it is another learning piece for you which could help share with some veterans down the road. I didn't even count that it is a chance to WIN against the big, bad VA-that's worth doing just cause it feels good!

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  • HadIt.com Elder

GB

I BEEN 90% TDIU P & T since Dec  20 2002, paid at the 100% ,But they have the award dates all screwed up  and to fight them over it is not such a good Ideal, I was lead to believe these are just simple typo errors  and if VA  proves that they are typo errors   then they get the benefit of the doubt not the Veteran.

I have several rating sheets with different dates as well as award letters...who is to decide which of these are correct?   the VA Thats who.  its hard for an attorney to take this on  since VA gets the benefit of the doubt on typo errors.

.if I could prove they are not typo errors my EED would change back about 3 years and I would have my 20 year protection rule in. and possibly get a big hunk of retro...

But since I have filed some more claims , I have some more service connected conditions that got me 2 SMC 's  S &K  Loss of use of a body organ.

IF I get anymore service connected conditions  like Sleep Apnea and some others that could possible be service connected  it won't get me any more money as for as compensation goes  but it will be piece of mind for me.

 for me to get more compensation  I'd need to lose an arm or leg  or of both   or be completely bed ridden caused form a service connected condition....and if that ever happens I would not want to live like that personally  so the $$$ would not mean anything to me.

I do have other issues that  in my opinion is caused by A.O. from my Nam days  but these conditions are not on the A.O. List!

but that's just my personal opinion

I do believe every Veteran that has a old injury or disease that was caused by his military duty days  he/she should file these claims pronto and get what they all so well deserve and that's these benefits.

Life is to short not to.

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  • HadIt.com Elder

Buck52 said: I do believe every Veteran that has a old injury or disease that was caused by his military duty days  he/she should file these claims pronto and get what they all so well deserve and that's these benefits.

Life is to short not to.

Couldn't agree more with that. I also have some things I believe are connected to A.O. and they aren't presumptive. Keep on plugging; maybe I can get a few secondary down the road.

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  • 3 weeks later...

My two cents.

I am confused about the casual relationship between PTSD and SA.

However I'm not a doctor and I have seen secondary service connection approved previously.

I would ask the doctor to amend the NEXUS statement and give a medical explanation of PTSD and how it aggravates or causes SA.

You have a service connected PTSD and a current diagnosis of SA.

The medical explanation is all that needed.

Get the medical narrative and go directly to the BVA.

🤠...........

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