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Sleep Apnea Question

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Dude74

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21 minutes ago, Dude74 said:

I have a C&P for Sleep Apnea secondary to Pes Planus and weight gain. What type of questions should i expect?

You are going to most likely need an IMO that states that your Sleep Apnea is caused by or the result of your service connected Pes Planus and weight gain due to the medication you take for this service connected condition and then give a good medical rationale of how it is possible. (IMHO)  

I won my Sleep Apnea claim secondary to my service connected fibromyalgia with an IMO from my treating rheumatologist. 

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Just remember that weight gain is not a ratable condition (generally but could be under certain circumstances).  The VA often will use the argument that..."Well you gained weight so this new condition is a result of the weight gain and not your SC condition.  This is false.  weight can can be a "bridge" by the VA's own internal memo.  So your argument will be something like this...Because of my SC condition i gained weight and that weight aggravates or caused the sleep apnea.  Just be prepared for that especially if you bring up your weight gain...

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1 hour ago, pawmbi said:

Just remember that weight gain is not a ratable condition (generally but could be under certain circumstances).  The VA often will use the argument that..."Well you gained weight so this new condition is a result of the weight gain and not your SC condition.  This is false.  weight can can be a "bridge" by the VA's own internal memo.  So your argument will be something like this...Because of my SC condition i gained weight and that weight aggravates or caused the sleep apnea.  Just be prepared for that especially if you bring up your weight gain...

They tried to use the weight gain tactic against me when I filed claims for knees and back secondary to my already service connected pes planus and right ankle. The bad part is that when I originally filed the claims back in 2010 and had c&p exams in 2011, I was at my normal weight and not overweight at all. The claims were denied, went through the appeals process, and ultimately languished at the BVA and by the time the BVA remanded my claim back to the RO and I ended up getting new exams in 2017 or 2018 I had gained weight. The examiner blamed my age and weight on my knees and back issues. When I filed the claims I was 35 or 36 years old and at a healthy weight. 

I ultimately ended up having the claims granted and received a huge backpay.  

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