ANYONE HAVE DIRECT EXPERIENCE CONNECTING SLEEP APNEA SECONDARY TO CAD

[Corwin]

HI,

I AM VIETNAM VET RATED 60% CAD AND 10% TINITUS. ALSO HAVE BEEN TO APPROXIMATELY 12 MONTHS COUNSELING FOR PTSD BUT NEVER APPLIED. ABOUT 10 MONTHS AFTER CAD RATING ( AND 7 YEARS AFTER MILD HEART ATTACK AND STENT AT 54) I WENT TO LOCAL SLEEP CENTER STUDY GROUP DUE TO INCREASING SLEEP DISTURBANCE ISSUES, MULTIPLE AWAKENINGS, INCLUDING HYPER VIGILANCE, SNORING, ETC. NEVER HAD ANY ISSUES EARLIER IN LIFE. RECEIVED SLEEP APNEA DX (WHICH WAS SENT TO MY VA DOC) AND IMMEDIATELY WENT ON CPAP MACHINE-IT HELPED A LOT.  NEVER THOUGHT MUCH ABOUT SECONDARY OR ADDITIONAL CLAIMS UNTIL A FRIEND POINTED THEM OUT TO ME. HAS ANYONE HAD POSITIVE RESULTS PROVING SLEEP APENEA SECONDARY TO CAD? D O YOU HAVE A REFERENCE TO A GROUP OR SLEEP CONSULTANT WITH EXPERTISE TO WRITE A NEXUS OPINION.  IS THE "VA CALIMS INSIDER" A GOOD WAY TO GO AS I DON'T WANT TO SPEND THE REST OF MY LIFE GOING THROUGH APPEALS, ETC. THANKS IN ADVANCE FOR ANY HELP AND/OR ADVICE.

NICK USMC 66-70

[Berta]

https://www.sleepfoundation.org/sleep-apnea/ptsd-and-sleep-apnea

This also is a great abstract from NIH:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4410924/

It involves a  study of OEF/OIF/OND veterans, (Persian Gulf War vets)

who have had the same PTSD -SA problems as Vietnam vets.

https://www.psychiatryadvisor.com/home/topics/anxiety/ptsd-trauma-and-stressor-related/ptsd-severity-linked-to-higher-risk-of-sleep-apnea-in-veterans/

And my search feature brings up some vet lawyers and this PTSD to SA relationship:

https://www.google.com/search?q=PTSD+Severity+Linked+to+Higher+Risk+of+Sleep+Apnea+in+VeteransNational+Sleep+Founation&rlz=1C1CHBF_enUS695US695&oq=PTSD+Severity+Linked+to+Higher+Risk+of+Sleep+Apnea+in+VeteransNational+Sleep+Founation+&aqs=chrome..69i57j0i13l9.587723j0j15&sourceid=chrome&ie=UTF-8

 

[Otrgypsy]

On 1/23/2022 at 1:45 PM, Corwin said:

HI,

I AM VIETNAM VET RATED 60% CAD AND 10% TINITUS. ALSO HAVE BEEN TO APPROXIMATELY 12 MONTHS COUNSELING FOR PTSD BUT NEVER APPLIED. ABOUT 10 MONTHS AFTER CAD RATING ( AND 7 YEARS AFTER MILD HEART ATTACK AND STENT AT 54) I WENT TO LOCAL SLEEP CENTER STUDY GROUP DUE TO INCREASING SLEEP DISTURBANCE ISSUES, MULTIPLE AWAKENINGS, INCLUDING HYPER VIGILANCE, SNORING, ETC. NEVER HAD ANY ISSUES EARLIER IN LIFE. RECEIVED SLEEP APNEA DX (WHICH WAS SENT TO MY VA DOC) AND IMMEDIATELY WENT ON CPAP MACHINE-IT HELPED A LOT.  NEVER THOUGHT MUCH ABOUT SECONDARY OR ADDITIONAL CLAIMS UNTIL A FRIEND POINTED THEM OUT TO ME. HAS ANYONE HAD POSITIVE RESULTS PROVING SLEEP APENEA SECONDARY TO CAD? D O YOU HAVE A REFERENCE TO A GROUP OR SLEEP CONSULTANT WITH EXPERTISE TO WRITE A NEXUS OPINION.  IS THE "VA CALIMS INSIDER" A GOOD WAY TO GO AS I DON'T WANT TO SPEND THE REST OF MY LIFE GOING THROUGH APPEALS, ETC. THANKS IN ADVANCE FOR ANY HELP AND/OR ADVICE.

NICK USMC 66-70

If you had exposure to solvents let me know and I can send some good info

[Dustoff1970]

Here is a direct quote from a private doctor's medical nexus opinion that helped me win my OSA Sleep Apnea appeal from BVA recently.

"A smaller group of claims request designation of service connection for non-service-connected conditions which were aggravated by a service-connected condition. The best examples are sleep apnea aggravated by service-connected PTSD, or coronary artery disease caused by Agent Orange. In these cases, individualized evaluation and physical examination are not helpful in determining how Agent Orange was a substantial factor in developing coronary artery disease years after the Vietnam War. Rather, the veteran is a member of a class of individuals who was exposed to Agent Orange and in-whom by excellent scientific studies scientists found that the incidence of coronary artery disease is far higher in that class of veterans serving in Vietnam as compared to veterans who do not serve in Vietnam.
Such is the case here – the veteran is a member of a class of individuals. Physical examination does not contribute to answering the question of whether or not PTSD and IHD can cause and/or aggravate sleep apnea; these are scientific questions".

As you can see he successfully argued in a 22 page detailed explanation that both my VA Vietnam service connected long term AO IHD Ischemic Heart Disease and my VN long term PTSD caused and aggravated my OSA Sleep Apnea with CPAP machine.

He also supplied many pages of medical treatise, research studies from reputable creditable institutions to support his lengthy favorable opinion. His charge to me was only $1500.00 for TWO separate opinions for TWO separate medical appeals.  

The VARO totally ignored all my other extensive positive medical evidence to support my claim and gave me a denial with stupid statement of "NO EVIDENCE"

I sent the doctor's nexus opinion directly to the BVA after denial from VARO.

This was first and only time I used a formal nexus statement from a doctor as many other claims and appeals were granted to me based upon other medical and non medical evidence I submitted with my claims.

This comment is not legal advice as I am not a lawyer, paralegal or VSO.

https://www.facebook.com/Vietnam-Dustoff-Medevac-112614780575067/?ref=pages_you_manage

BA Degree Finance & Tax Accounting, Former SEC CFP, Former Army Guard and Civilian helicopter pilot to Two Texas Governors, 

Advanced FAA and British CAA/Singapore Helicopter Airline Transport Pilot IFR License, FAA and CAA Helicopter Instrument Instructor Pilot License for all Weather Flight, etc. etc. 

Former volunteer Army medevac Pilot Vietnam with Purple Heart, CMB, DFC medal, AMs 1970,

Former volunteer UN civilian solo helicopter rescue pilot 1980 south China Sea (Saved over 1000 VN boat people)

Edited March 29, 2022 by Dustoff 11

[Corwin]

On 3/29/2022 at 4:46 AM, Dustoff 11 said:

Here is a direct quote from a private doctor's medical nexus opinion that helped me win my OSA Sleep Apnea appeal from BVA recently.

"A smaller group of claims request designation of service connection for non-service-connected conditions which were aggravated by a service-connected condition. The best examples are sleep apnea aggravated by service-connected PTSD, or coronary artery disease caused by Agent Orange. In these cases, individualized evaluation and physical examination are not helpful in determining how Agent Orange was a substantial factor in developing coronary artery disease years after the Vietnam War. Rather, the veteran is a member of a class of individuals who was exposed to Agent Orange and in-whom by excellent scientific studies scientists found that the incidence of coronary artery disease is far higher in that class of veterans serving in Vietnam as compared to veterans who do not serve in Vietnam.
Such is the case here – the veteran is a member of a class of individuals. Physical examination does not contribute to answering the question of whether or not PTSD and IHD can cause and/or aggravate sleep apnea; these are scientific questions".

As you can see he successfully argued in a 22 page detailed explanation that both my VA Vietnam service connected long term AO IHD Ischemic Heart Disease and my VN long term PTSD caused and aggravated my OSA Sleep Apnea with CPAP machine.

He also supplied many pages of medical treatise, research studies from reputable creditable institutions to support his lengthy favorable opinion. His charge to me was only $1500.00 for TWO separate opinions for TWO separate medical appeals.  

The VARO totally ignored all my other extensive positive medical evidence to support my claim and gave me a denial with stupid statement of "NO EVIDENCE"

I sent the doctor's nexus opinion directly to the BVA after denial from VARO.

This was first and only time I used a formal nexus statement from a doctor as many other claims and appeals were granted to me based upon other medical and non medical evidence I submitted with my claims.

This comment is not legal advice as I am not a lawyer, paralegal or VSO.

https://www.facebook.com/Vietnam-Dustoff-Medevac-112614780575067/?ref=pages_you_manage

BA Degree Finance & Tax Accounting, Former SEC CFP, Former Army Guard and Civilian helicopter pilot to Two Texas Governors, 

Advanced FAA and British CAA/Singapore Helicopter Airline Transport Pilot IFR License, FAA and CAA Helicopter Instrument Instructor Pilot License for all Weather Flight, etc. etc. 

Former volunteer Army medevac Pilot Vietnam with Purple Heart, CMB, DFC medal, AMs 1970,

Former volunteer UN civilian solo helicopter rescue pilot 1980 south China Sea (Saved over 1000 VN boat people)

Dustoff,

As fate has it, in early march I actually used that self same Dr to review my case and I included his multi page analysis and nexus conclusions as to sleep apnea being secondary to both (and/or) my service connected DX of CAD and tinnitus. The VA reviewer blew me off in a 30 days response with a denial. The denial was bare bones, no detail in explanation (i.e. ...the evidence of record does not show that your current condition is related to any other service connected conditions.Therefore, secondary service connection cannot be established (38 CFR 3.307, 38 CFR 3.310.)), etc.

The fast track system only allows claimant to show one disability in their format but I attached a statement saying I was also claiming sleep apnea as secondary to my tinnitus DX. This was never addressed at all!  There was not a  C&P exam request and the reviewer only showed as asking for/apparently reviewing my discharge physical as well as only the past 18 months of VA appointments even though my CAD and tinnitus dx were from 2010. BTY, my first actual CAD incident as (minor heart attack and stent) used to document my original claim occurred in 2004. MY sleep apnea DX as reported to the VA occurred in 2012 ( i enclosed copies) and I had VA physician appointments about sleep apnea in 2013 and 2014, both of which it took me about 15 minutes to find using my ebenefits account. The Dr's nexus letter  which addressed both the CAD DX as well as the tinnitus DX was never addressed at all. No rebuttal, no counter theory or fact, they just ignored it!  Even worse, the reviewers "favorable findings" section only identified my CAD DX and then stated .."you have been diagnosed with a disability. Your VA examination conducted on March 8, 2022 confirmed an active sleep diagnosis."  You will note that my latest VA appointment was on Jan 25th-haven't been there since.  I guess I naively expected that the reviewer would be sensitive to his responsibility to "assist" in substantiating a claim. And I am still waiting for a surgical referral based on my Jan 25 visit. Irony?

In your opinion or any of the more experienced folks out there, do I bother with a higher level review  and point out all the errors, disservice in view of VCAA, etc. or just go to a BVA review? 

 

Thanks in advance,

NIck C-tired old Marine