Sleep Apnea connection?

[GoNavy1775]

Good morning and happy new year!  

I am currently at 60% broken down as follows: (they denied left and right radiculopathy, gonna try again)

I current have a CPAP machine issued by the VA...Can I connect the cervial strain/asthma to sleep apnea?  Wondering if they limited movement in the neck positions me in such a way that exacerbates the situation.  Not sure the allergic rhinitis would come into play either.  Any feedback would be helpful.  Obviously, like everybody here, trying to reach that magic number of 100%.  I also just put in for tinnitus this morning, which would be 10%.  I did that myself and plan to try to do the sleep apnea myself too. 

 

Thank you in advance, 

AG

 

 

30%chronic cervical strain

Service-connected disability? Yes

Effective date:29/05/2019

radiculopathy left upper extremity

Service-connected disability? No

radiculopathy right upper extremity

Service-connected disability? No

10%residuals of a hernia repair

Service-connected disability? Yes

Effective date:18/05/2002

30%asthma

Service-connected disability? Yes

Effective date:18/05/2002

0%allergic rhinitis

Service-connected disability? Yes

Effective date:

[GoNavy1775]

15 hours ago, pwrslm said:

Go for the source of radiculopathy. 

Radiculopathy describes a range of symptoms produced by the pinching of a nerve root in the spinal column. The pinched nerve can occur at different areas along the spine (cervical, thoracic or lumbar). 

 

Did you have a history or injury of back trouble in Active Duty? Document that for this type of claim.

I was in several car wrecks while on duty...a couple happened on base.  So yes, by neck and back is jacked up pretty good.  they were all rear end collisions.  I just need to figure out how to do this myself rather than pay somebody money again for no results because they give me bad information.  I had no problems going to my exam, but they strongly suggested I don't.  

 

[pwrslm]

Go to a spine specialist. Ask them to note the etiology of your current radiculopathy. Take any x-rays/MRI's you have had with you to this appointment. Your goal is to see if a medical professional will attribute the radiculopathy to your service connected cervical spine condition. If they say that the conditions may be caused by the auto accident, you win. They can put these notes in the medical records, and this should be as effective as an IMO/E.

Then submit the  records as new evidence in a supplemental claim. You should also go for Lumbar if you have a lot of low back pain as well. X-rays and MRI's can be done within the VA system. If you cannot get the PCP or ortho to attribute the injuries to auto accidents then go to a non-VA specialist the same as above. It should be easy to show a history from Active Duty for your accidents then.

If you go in asking non-VA spec's for letters to submit to the VA, the non-VA spec's will cover their liability,  and many will shrink back from that or charge you substantial amounts to get that done. If you ask them to put the likely medical etiology in your medical records, it is much easier and cheaper to get them to cooperate.

[Rivet62]

On 1/1/2022 at 4:45 PM, pacmanx1 said:

I agree that getting sleep apnea service-connected would be a lot easy by getting an IMO from the doctor’s treating your asthma and or allergic rhinitis than your chronic cervical strain.

I was diagnosed with central sleep apnea (caused by something in the nervous system). I could be wrong, but pinched nerves may be at play in my situation. I have back strain (pinched nerves in my neck and my back). I am following up on the possible connection (if any) between spine issues and sleep apnea. 

[Berta]

This is very concerning:

" I just need to figure out how to do this myself rather than pay somebody money again for no results because they give me bad information.  I had no problems going to my exam, but they strongly suggested I don't. "

Without a C & P exam, and even with a strong IMO/IME, the VA can and will often deny a claim,if a vet is a no show for their C & P exam.

Because there is no concept of Relative Equipoise they can apply.

In some cases such as recent VA  medical records,submitted with the claim,  some vets might not even need a C & exam but that does not happen often.

My exerience with two lousy posthumous C & P exams at VA was that my IMO doctor could easily knock down the C & P results ,with a full medical rationale .

When BVA ordered a third exam for that claim , a Cardio exam, I got a VA PA C & P exam- nothing wrong with Physician's Assistants but I knocked down those results myself, and sent my rebuttal directly to the BVa as the PA didnt have a clue on heart disease and BVA disregarded that exam as too speculative, and awarded.

Relative Equipoise ,in my case, meant that I had 3 IMos to support my claim, and had even ordered a 4th IMO and I paid for a real Cardio exam, so the BVA wanted 3 VA exams- 3 for and 3 against-and they awarded . The forensic cardio doc had not even prepared that  IMO yet so the company refunded about half of the fee I paid.

Relative Equipoise ( evidence equally for and equally against the claim) is what gives us the Benefit of Doubt, as explained on page 8 of this CAVC decision:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc/01207459408

and discussed here multiple times under our search feature.

I sure wonder who charged you $ for bad advice and if they have any legal standing to even have been your POA. But best not to mention 'who' here.

Many of us have gotten piss poor advice from so-called vet reps, etc.

My BVA decision concludes with this statement:

"Based on this evidence, the Board finds that the weight of 
the evidence is in relative equipoise exists in this case.  
Resolving reasonable doubt in the appellant's favor, the 
Board finds that the criteria for service connection for the 
cause of the Veteran's death have been met, and the service 
connection for the cause of the Veteran's death is warranted.  
38 U.S.C.A. § 5107; 38 C.F.R. § 3.102. "

I was disappointed that the BVA did not mention much of my considerable evidence in the decision, bcause it could have helped other widows/widowers, as I had studied all of mydead husand;s VA medical reords diligently and by then I had also studied Cardiology, Neurology  and Endocrinology, and Dr Bash found my lay medical work was supported by the documented medical evidence,to include all VA blood chem reports,etc and even my non- medical evidence such as my husand's driver's license.

 

 

 

Edited January 16, 2022 by Berta
CTS

[Buck52]

I was diagnosed with Sleep Apnea  and given a C-PAP Machine to use every night.

it was caused by the medications I take forPTSD, Although i never filed a sleep apnea claim for it  my VA MH SOCIAL WORKER told me to file for it  but I was just glad I got the machine and got better rest .

I am up to the rating   of 100% plus SMC S,  Other  than  the A&A bedridden    so as long as I can get some decent rest thats good enough for me.

[brokensoldier244th]

1 hour ago, Berta said:

This is very concerning:

" I just need to figure out how to do this myself rather than pay somebody money again for no results because they give me bad information.  I had no problems going to my exam, but they strongly suggested I don't. "

Without a C & P exam, and even with a strong IMO/IME, the VA can and will often deny a claim,if a vet is a no show for their C & P exam.

Because there is no concept of Relative Equipoise they can apply.

In some cases such as recent VA  medical records,submitted with the claim,  some vets might not even need a C & exam but that does not happen often.

My exerience with two lousy posthumous C & P exams at VA was that my IMO doctor could easily knock down the C & P results ,with a full medical rationale .

When BVA ordered a third exam for that claim , a Cardio exam, I got a VA PA C & P exam- nothing wrong with Physician's Assistants but I knocked down those results myself, and sent my rebuttal directly to the BVa as the PA didnt have a clue on heart disease and BVA disregarded that exam as too speculative, and awarded.

Relative Equipoise ,in my case, meant that I had 3 IMos to support my claim, and had even ordered a 4th IMO and I paid for a real Cardio exam, so the BVA wanted 3 VA exams- 3 for and 3 against-and they awarded . The forensic cardio doc had not even prepared that  IMO yet so the company refunded about half of the fee I paid.

Relative Equipoise ( evidence equally for and equally against the claim) is what gives us the Benefit of Doubt, as explained on page 8 of this CAVC decision:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc/01207459408

and discussed here multiple times under our search feature.

I sure wonder who charged you $ for bad advice and if they have any legal standing to even have been your POA. But best not to mention 'who' here.

Many of us have gotten piss poor advice from so-called vet reps, etc.

My BVA decision concludes with this statement:

"Based on this evidence, the Board finds that the weight of 
the evidence is in relative equipoise exists in this case.  
Resolving reasonable doubt in the appellant's favor, the 
Board finds that the criteria for service connection for the 
cause of the Veteran's death have been met, and the service 
connection for the cause of the Veteran's death is warranted.  
38 U.S.C.A. § 5107; 38 C.F.R. § 3.102. "

I was disappointed that the BVA did not mention much of my considerable evidence in the decision, bcause it could have helped other widows/widowers, as I had studied all of mydead husand;s VA medical reords diligently and by then I had also studied Cardiology, Neurology  and Endocrinology, and Dr Bash found my lay medical work was supported by the documented medical evidence,to include all VA blood chem reports,etc and even my non- medical evidence such as my husand's driver's license.

 

 

 

This is very much the case. While its not an automatic denial, unless there is something to potentially rebut a negative opinion from an examiner the rater has nothing to go with except your prior medical records that they have already seen (and the examiner, likely, as well, at least the parts relating to OSA). It hurts nothing to go to the C&P and still have your own doctor notes or treatment.

You aren't required to use VAMC at all if you don't want to just make sure you upload your medical notes to your Efile, or sign and return the 21-4142/21-4142a (you can send these in anytime before a rating finalization, and download them from VA.gov with a google search- make sure you use the most current form version-older forms sometimes have outdated language that makes them unusable, legally) that tell us you have private treatment and have the contact information and we'll request them ourselves.

Keep in mind not all doctors respond to us, though, and some doctors charge for printing records- which VA will no pay for- so its always best, if you can, to get them from your doctor on your own and upload the relevant parts.