Connecting Sleep Apnea with Service

[Ademily87]

I was discharged January 29, 2011. During my time in I did not have a sleep study, but some sleep issues were documented. I filed for disability for sleep apnea through the VA January 9th, 2012. By Feb 22 2012, I had a sleep study. I was diagnosed with obstructive sleep apnea and issued a CPAP. After that my life turned into complete chaos with a divorce and losing my house to my wife. I moved probably 8 times between 2012 and 2014. In 2013 I got a call from the VA saying that my claim was about to be closed, and that I don't have evidence of service connection for my sleep apnea.  They also told me that I had no medical service records on file. They extended my claim to give me time to get my records in and any other supporting evidence. I never got around to submitting my copy of my medical record (that I had made prior to separation just in case this happened) due to my life being a complete mess. By march 2014, my case was denied and closed. Comments are "STRs unavailable". 

 

Now 7 years later I'm working on getting this taken care of. I plan on doing a supplemental claim. The VA website says there's no time limit for doing a supplemental claim, but it's best to do it within a year of the decision. I have 5 buddy statements from fellow service members that were roommates and shared the same bunk room with me on duty for 2 years. I am working on getting a nexus letter from my primary care doctor.

 

I also have email correspondence with a medical officer on my ship in November of 2010, requesting to be seen for possible sleep apnea, due to excessive snoring and stopping breathing in my sleep, to which he responded. I was not able to setup a date before separating that coming january. The email I sent read as follows:

Dated 22NOV2010

"Good morning Sir, this is AD3 (my name) in IM-2 on CVN-71. I am having problems logging in to the computer today so I'm doing this from my Gmail if you don't mind.

I came to medical today but it was after sick hall hours and the personnel at the desk told me to email you rather than coming in tomorrow. I get out of the navy on Jan 28 and I have recently discovered that I could possibly have sleep apnea. My duty section leader brought it to my attention not too long ago and said I need to get it checked out. I asked my wife if she noticed anything different while I sleep and she said I stop breathing in my sleep quite frequently. I woke up the other day to my wife crying and she had me sitting up while I was sleeping because it scared her so much. I don't know what to do because I have never had any health issues before. Any help would be greatly appreciated, Sir."

"I have never had any health issues before" might've screwed me, but I'm not a Doctor, so I don't know. 

 

Will a copy of that email conversation between the medical officer and I help my case? Should I submit it as evidence as "seeking treatment" while on active duty? Any other advice/tips?

[GBArmy]

Hi Ademily87, welcome to Hadit. The supplemental claim is the correct submittal. All that you mention is  good evidence. Especially getting diagnosed right after getting out. If possible, if you could get a buddy letter from your ex, that would also help. Your doctor 's evidence is key to getting it service connected; he should be talking about continuity; how your OSA started in the service and you are diagnosed now as a continuation of that event. He should use words like "I my opinion, veteran has had OSA started while in the service, and I am confident after reviewing his military records and treating him since X that it is at lease as likely as not the cause of his OSA." And he  also provides his experience, level of education and professional petagree. The fact that you are issued a CPAP isn't good enough; have him diagnose your OSA and prescribe a CPAP machine. "Issuing" isn't good enough. This is a 50% rating; the VA doesn't like handing out 50% claims. Get a good package together before submitting again.

[john999]

You know many claims like OSA can also be part of a secondary mental health claim.  I have OSA and it is depressing as hell since I don't respond well to the CPAC.  Most physical disabilities have a emotional/ mental aspect to them that is secondary.  Don't ignore this factor.  If you have a severe physical disability by all means get mental health care from the VA.  You may not even know you  are depressed but it shows up in your behavior and interpersonal issues.  If you are a AO Vietnam vet then you may get DMII or one of the AO cancers.  That is depressing as hell because that is where I am at, so I am saying don't ignore secondary mental health issues related to your physical disabilities. It is easier to get a decent rating for a mental health issue than for a physical issue because it is subjective.  If you win a physical claim file for a mental health issue and gather evidence. The VA will help you gather the evidence.

[broncovet]

You do NOT have to prove you were "seeking treatment" in the military.  THIS instead is what you do need to prove:

1.  Current diagnosis of sleep apnea, and, that a cpap machine is "medically necessary. 

2.  In service event, or aggravation.  Were you punched in the face?  Is it documented?  Yes, its true that if you go to the doc, that could document an in service event or aggravation.  

3.  Nexus, or doc opinion your OSA is at least as likely as not related to military service.  

Get these Caluza's documented and you are good to go. OR

Also, as pointed out, if you get a cpap and if your doctor will provide a nexus statement "this Veterans OSA is at least as likely as not related to his (Service connected mental health issue)>.  

 

[Buck52]

Its almost impossible to have a service connection for Sleep Apnea IF YOU HAD NO ISSUES WITH OSA while in the military.

as broncovet mention  secondary claims will be the way to go

if you have a MH Service Connected condition

Example,  secondary claim  FOR SLEEP APNEA can be due to your MH Issues = PTSD.

YOU WOULD NEED A qualified Dr. to examine you and read  your medical records on this issue & connect the two  and mention  it is least likely as not this veterans service connected  PTSD AND THE MEDICATIONS he takes  (name the Medications)  is medically necessary he use a C-PAP Machine every night while he sleeps.

if you have any questions  please contact me @********* ^^^^^ 9:00 to5:00 Mon thu Friday

Thank You

Dr Roger Smith M.D.

state certified sleep specialist

credentials *********

[Ademily87]

17 hours ago, GBArmy said:

If possible, if you could get a buddy letter from your ex, that would also help. 

I know that would be beneficial to me, but there is a 100% chance of that not happening, if you know what I mean lol 

16 hours ago, john999 said:

You know many claims like OSA can also be part of a secondary mental health claim.  I have OSA and it is depressing as hell since I don't respond well to the CPAC.  Most physical disabilities have a emotional/ mental aspect to them that is secondary.  Don't ignore this factor.  If you have a severe physical disability by all means get mental health care from the VA.  You may not even know you  are depressed but it shows up in your behavior and interpersonal issues.  If you are a AO Vietnam vet then you may get DMII or one of the AO cancers.  That is depressing as hell because that is where I am at, so I am saying don't ignore secondary mental health issues related to your physical disabilities. It is easier to get a decent rating for a mental health issue than for a physical issue because it is subjective.  If you win a physical claim file for a mental health issue and gather evidence. The VA will help you gather the evidence.

I was diagnosed with adjustment disorder with depression while in, and it is in my service treatment records. I would rather not go that route, mainly because of how it could effect my personal life for reasons I'd rather not share. 

15 hours ago, broncovet said:

You do NOT have to prove you were "seeking treatment" in the military.  THIS instead is what you do need to prove:

1.  Current diagnosis of sleep apnea, and, that a cpap machine is "medically necessary. 

2.  In service event, or aggravation.  Were you punched in the face?  Is it documented?  Yes, its true that if you go to the doc, that could document an in service event or aggravation.  

3.  Nexus, or doc opinion your OSA is at least as likely as not related to military service.  

Get these Caluza's documented and you are good to go. OR

Also, as pointed out, if you get a cpap and if your doctor will provide a nexus statement "this Veterans OSA is at least as likely as not related to his (Service connected mental health issue)>.  

 

In my dental record upon my exit examination, "excessive occlusive wear" was noted. From what I've read, that can be related to teeth grinding, which can be related to sleep apnea. Is that something I need to submit for evidence? Or should I have my Doctor use it in his Nexus?

14 hours ago, Buck52 said:

Its almost impossible to have a service connection for Sleep Apnea IF YOU HAD NO ISSUES WITH OSA while in the military.

as broncovet mention  secondary claims will be the way to go

if you have a MH Service Connected condition

Example,  secondary claim  FOR SLEEP APNEA can be due to your MH Issues = PTSD.

YOU WOULD NEED A qualified Dr. to examine you and read  your medical records on this issue & connect the two  and mention  it is least likely as not this veterans service connected  PTSD AND THE MEDICATIONS he takes  (name the Medications)  is medically necessary he use a C-PAP Machine every night while he sleeps.

if you have any questions  please contact me @********* ^^^^^ 9:00 to5:00 Mon thu Friday

Thank You

Dr Roger Smith M.D.

state certified sleep specialist

credentials *********

Fortunately, I have no PTSD symptoms. I joined at 19 years old in 2007 weighing 160lbs at 5'11, with a BMI of 20. Upon discharge, I was 180lbs with a bmi of 25.8, so not exactly obese. Before service, I had no sleep issues whatsoever. Family and girlfriends can attest to that. I did work crazy hours. I was in the Aviation Field so I was around a lot of Hazmat. I also worked in a sandblasting booth that used aluminum oxide grit as the "sand", and it wasn't uncommon to breath a cloud of that a few times a week, while changing out the grit collectors and packaging them in 55 gallon drums. 

[Buck52]

Ademily87 ''Quote''

''In my dental record upon my exit examination, "excessive occlusive wear" was noted. From what I've read, that can be related to teeth grinding, which can be related to sleep apnea. Is that something I need to submit for evidence? Or should I have my Doctor use it in his Nexus?''

Yes sir you can use this has evidence, this would good record to show your Dr  and ask him to include it in his report, you can use this record alone  but it would be better to have a Specialist MD in sleep medicine to  add this in his report   he would need to say something like this  I have  read this Veteran's records to include his  Dental medical records FROM HIS EXIT EXAMNATION  and give his rational to this statement AS IT IS LEAST LIKELY AS NOT as to the cause  or related to your current OSA (Sleep Apnea) And it is my medical opinion this veterans needs  to use the C-pap and is medically necessary for his well being.

Anything favorable that would be related to or caused by   will be beneficial for you.  its just that we need a Qualified Dr to write this .

You need a Sleep Apnea Diagnoses from a qualified Dr  and a past sleep study  to show why they diagnose you for sleep apnea  the number of apneas you had during the sleep study and how many times you stop breathing  and the pressure that your C-PAP machine needed to be set at AND TO SAY YOUR SLEEP APNEA IS

MILD OR MILD TO SEVERE./CHRONIC which ever the case may be.

Most of these Dr's know how to write out a summery  to address your current OSA and you need to let them know to use what the VA likes  and that is

''IS AS LEAST LIKELY AS NOT''