Going after Sleep Apnea again

[thegat]

Hey guys, another question. I'm going after Sleep Apnea again this time through secondary claim from PTSD. Probably should have done it this way to begin with. Rated at 30% for PTSD but going for an increase on that too. Am I wasting my time?

[broncovet]

I agree with the others, hopefully you appealed the denial within a year.  Remember, There are at least 4 ways to get Service connected, and the VA has to consider them all when you apply:  Primary (aka direct) Secondary,

Presumptive and 1151 (caused by VA).  Its not required you apply for "primary", "secondary" or presumptive.  VA is supposed to know if the evidence supports alternative SC methods.  

To get SC for OSA secondary to PTSD you need a doctors opinion that:

1.  Your OSA was at least as likely as not due to your PTSD.  AND

2.  That a cpap is "medically necessary".  

[ShrekTheTank]

I am in the same boat with you and it is never a waste of time.  Keep fighting.  Remember this is what they want is for us to doubt ourselves and give up.  If we give up they win!

I just sent mine to the BVA, because i did not do it secondary to PTSD

[brokensoldier244th]

https://cck-law.com/blog/obesity-and-va-disability-compensation/

 

There is other stuff out there about it as well. My SA claim was granted by way of this in 2014. I have both physical and mental issues that collectively contribute to my weight gain, which is a large cause of my SA. 

[GBArmy]

I agree of course with Shrek and Broken. Go for it if you can get an IMO to back it up as secondary. Remember, you're not a doctor, so you need one qualified to opine the connection, even if it is obvious. And why give in? Time goes by whether or not you submit a claim or not. Good luck.

[Buck52]

I thought long and hard about filing a sleep apnea claim secondary to my  Direct service connected CHRONIC PTSD , and would most likely win.

VA DX me for sleep apnea SENT ME TO A PRIVATE SLEEP STUDY CLINIC AND Prescribe me the C-Pap machine to use and its DUE to the medications I take for PTSD And medically necessary I use a C-PAP MACHINE NIGHTLY  (which I do)

  SO A SECONDARY CLAIM  SHOULD GO

  Providing A M.H. Doc  or my PCP Doc will opine that the medications I take for the PTSD is related to or is the cause of this veteran OSA/Sleep Apnea.

but no more $$ in the pot for me I AM 100%WITH SMC-S HOUSE BOUND & SMC =K and I don't want any more frustration from the VA Dealing with these claims.

Dealing with the PTSD & SUPER HIGH ANXIETY/DEPRESSION  & DEALING WITH THE TREATMENTS   & N.M.s  &

Night Sweats AND DOCTORS & THERAPIST  IS ENOUGH.

AND TRYING TO DEAL WITH IT ALL IS OVER BEARING AT TIMES.

IF S.A.  KILLS ME THE SO BE IT.

  I HAVE MORE THAN 10 YEARS IN ON MY  S.C.DISABILITY'S  AND MY SPOUSE CAN GET THE DIC  FOR WHAT ITS WORTH.----1200/1300 MONTHLY..OR WHAT EVER THE DIC PAYS AT THE TIME.

Edited September 6, 2020 by Buck52

[GBArmy]

Buck it doesn't sound like it would be of much benefit to you to go after it as another disability. Risk vs. reward? Not much either way. It would possibly be a 50% rating if you won, but you already have SMC S, so you won't climb the ladder with that award compensation-wise. You still get their CPAP machine and care, whether or not it is s-c. If you don't want the grief, don't do it man.