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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021

Question

I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected.  I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night.  I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt).  In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com".

My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either obesity or PTSD, and go to the veteran's favor?  And doesn't that mean that attributing OSA to obesity is just as speculative as attributing it to my PTSD?

I had Carpenter Chartered start an appeal, so I am hopeful to get it approved.  

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Well not to be mean or anything  just because you have a diagnosis for OSA and was giving a C-pap machine  does not cut it with these raters  they will deny 100%of the time   FILING SECONDARY CLA

Here is my post from a few months back on how i won OSA secondary to PTSD    

JohanathanAD You have an excellent chance at winning an appeal. Carpenter is good at what he does, also. Go with the flow: if they are hanging the reject on obesity, suggest to Carpenter looking at th

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JohanathanAD You have an excellent chance at winning an appeal. Carpenter is good at what he does, also. Go with the flow: if they are hanging the reject on obesity, suggest to Carpenter looking at the obesity as an INTERIUM link between PTSD and OSA. PTSD meds cause weight gain. WG causes OSA. I am not a doctor but the argument is that there is doubt as to how much either factor, weight gain/obesity, or your original evidence of the MH condition, but since they are interconnected, they are service-connected. IMHO. As to whether you go HLR ,or go directly to BVA with additional evidence is your choice. 

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Well not to be mean or anything  just because you have a diagnosis for OSA and was giving a C-pap machine  does not cut it with these raters  they will deny 100%of the time  

FILING SECONDARY CLAIM to be connected to your PTSD  for OSA

YOUR GOING TO NEED A SLEEP DR to give his/her medical opinion that your PTSD AND THE MEDICATIONS YOU TAKE FOR IT IS LIKELY AS NOT THAT THIS VETERANS OSA IS CAUSE BY OR RELATED TO HIS PTSD MEDICATIONS  AND HIS PRESCRIBE C-PAP MACHINE IS MEDICALLY REQUIRED TO USE.

THE DR NEEDS TO READ YOUR MEDICAL RECORDS THAT PERTIAN TO THIS CLAIM AND EXAMIN YOU.  AND GIVE A DETAIL EXPLANATION WHY THE MEDICATIONS WILL CAUSE THE OSA.

 

THIS  IS WHAT YOU NEED  TO BE APPROVED FOR OSA/SLEEP APENA.

I agree with GB Army 

Questions  was you denied using the

''Carpenter Chartered Law Firm? its a rare denial if they helped you with your claim?

 If they still REP you ,They should file the NOD for you and get you a medical opinion (IMO) From  the Qualified  Sleep Dr's MEDICAL OPINION .

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I agree with GBArmy.  Beat them at their own game...Obesity is linked to PTSD in common Medical Literature.  It's can be due to medication taken for PTSD, Stress Overeating, etc..  That would make the Obesity a symptom/secondary condition of the PTSD which (by VA Legal Language) makes the Obesity a "part of" the SC'd PTSD directly making your OSA secondary to the PTSD.

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agree with GBArmy.  Beat them at their own game...Obesity is linked to PTSD in common Medical Literature.  (True) 

But

The only thing here is  the VA will not use'' common medical literature'' in making their decision  or any medical literature that we use or copy from another web site.

The Qualified Dr will need to give his professional opinion on the nexus  that it ''is likely as not''  the cause or related to.this Veteran medications he takes for PTSD...ect,,,ect,,,of the above statement.

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