Misdiagnosed with Chronic Fatigue but it was Sleep Apnea

[Cloudbuster]

Hi,

I try to keep it short and hopefully make sense.

2011 Aug - Got out did Pre discharge Disability Claim with VSO on base before I went on final leave.
2011 December - VA Examination, Chronic Fatigue Syndrome, I dont have a copy of this exam only the one from 2013.
2013 June - Chronic Fatigue Syndrome DBQ
This Dr. typed in section #1 Diagnosis;
If there are additional diagnoses that pertain to chronic fatigue syndrome, list using above format: The veteran was misdiagnosed in May 2011. He does not and he never did have chronic fatigue syndrome.

in section #2 Medical History:
a. Describe the history (including onset and course) of the veteran chronic fatigue syndrome: Veteran was tired and sleepy for a couple of weeks and was fine one month later. Asymptomatic at this time.

2013 Aug - Rating Decision from the 2011 claim it took 2yrs to complete.
in this rating Decision there is no mention of the DBQ for Chronic Fatigue Syndrome in the denial area and there are no deferred claims. There are 9 claims some granted and denied but nothing about the Chronic fatigue.
They only mention the Chronic Fatigue DBQ in the All evidence considered section:

2017 - VA Neurologist put on the comments for my Primary Care Dr.
For Fatigue please consider sleep study

2021 - Was diagnosed with Obstructive Sleep Apnea by private Sleep Doctor

2021 - I got a Rating Code sheet and there no mention of Chronic Fatigue Syndrome.

When I filled the Pre discharge Disability I dont recall we talked about Fatigue syndrome so I am pretty sure it was not part of the claim, but somehow the VA ordered a DBQ for it maybe because it was within the 1yr mark since I got out that I was diagnoses with Chronic Fatigue Syndrome.

 

Would this be considered some type of Duty to assist error? as the C&P Doctor said I was misdiagnosed but then the VA did not order a sleep study to figure out my fatigue back then.

 

So all this time I been having low energy levels / fatigue / sleepiness due to the Sleep Apnea since I got out but I was misdiagnosed and not given a sleep study. Heck even my primary care Doctor failed to follow the Neurologist suggestion to order me a Sleep study.

What are the chances that the VA would grant Sleep Apnea back to 2011 since I dont recall claiming it but again somehow they did a DBQ for the fatigue issue.

 

Thanks.

Edited July 22, 2021 by Cloudbuster
update

[Cloudbuster]

Well I been thinking,

for this to have a better chance of a EED at the court to challenge the DBQ and misdiagnosis from 2011 would I need to have Sleep Apnea Direct Service connected?

Or would it also work on a secondary basic?

 

GBArmy

I have to figure out a good lawyer to many show up when I do a search.
You are right it could be a good investment.

 

brokensoldier244th

I served in Afghanistan 2007, 2010-2011

 

pacmanx1

I think I was technically never diagnosed then as it was taken away by that second Doctor in 2013 DBQ.
So I had the symptoms of fatigue/sleepiness so I would say that would mirror more the 30% SA.

I was never prescribe bed rest.

This just get better, I just saw on my STR Anemia mentioned and I was prescribed Folic Acid in 2011 during service because labs showed anemia with a macrocytic character. Anemia is under the Problems Chronic area.

Hmm maybe now this explain why the VA ordered the CFS DBQ.

But It seem sleepiness is not part of CFS, only on of SA. 

So I guess the VA tried to help me by providing the CFS DBQ but then just left it there. Maybe if they would have ordered a SA DBQ I would have gotten service connected but then I did not had a diagnosis or sleep study back then.
But they saw/knew I had that fatigue/sleepiness issue and then left it there. 
I was not aware that something you could claim back then.

Maybe that could help me in the court the fact the VA ordered that CFS DBQ proving they knew I had the issue but did not bother getting me a proper diagnosis.
Not sure if the rater is obligated to order another exam to figure out why my fatigue.

Im still waiting for my C-File, last time it was denied because VA somehow though someone else was requesting my C-File I appealed and still waiting.