New VA Regulations with Sleep Apnea Being Secondary to PTSD

[Arty123]

I'm rated since 2008 at 50% for PTSD.  Also, 10% for tinnitus.   I was just diagnosed at the VA with sleep apnea and prescribed a CPAP.  

I was wanting to file for sleep apnea secondary to PTSD.  I have the diagnoses but need to find a doctor to write a nexus letter.  The pulmonologist and my PCP said that they could not write the nexus so thinking of using something like valor for vets and would like opinions using a service like that. 

My second question is I know the VA is changing the percentages from 50% if you're prescribed a CPAP to 0%.  I don't know exactly when the changes go into effect but when they do and if I do file will they go by file date or decision letter date? For example if I file April 1st, the VA officially makes the changes May 1st, and my decision is June 1st will they go by the filing date or decision date?

Thank You,

Chad

[Dustoff1970]

Arty you can contact me by private msg for more info I have for you.  Regards Dustoff 11

[Dustoff1970]

Duplicate

Edited April 2, 2022 by Dustoff 11

[Dustoff1970]

Arty in addition to what I just sent you please note that I used Dr. David Anaise for a formal type nexus opinion to win my OSA Sleep Apnea appeal from BVA even tho like many other vets I was overweight by many years. I have read many of those other favorable BVA decisions over the years.

For two separate issues and appeals Anaise charged me only a total of $1500.00 for both appeals.

He wrote a detailed 22 page rationale explanation and included many medical treatise references.  In addition he truthfully stated he reviewed my many copies of Army, VA and private medical records.

Many overweight vets like me have won OSA BVA appeals both with and without a doctors nexus opinion or statement but based upon other favorable positive medical evidence in their files such as medical treatment notes, doctors and/or nurses notes, discharge summaries, lab and test results, VA drug prescriptions, etc., etc.  It all adds up.  Like Google Search the BVA can be your friend unlike the VARO and VA C&P examiners.

Like me they also win these appeals in spite of unfavorable C&P examiners opinions as BVA often states the examiners opinion was inadequate or defective like in my case.  My two appeals took no more than a year and half to two at the most.

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

 

[Arty123]

Thank you very much for that information. I will contact that Doctor on Monday and see what he says. His price seems much more reasonable and fair and I think would be worth it. If I get sleep apnea that would move me from 60% total to 80% and that a pretty substantial bump. I read your docket and he did a very nice job with the write up. 

Thanks again for all of your help 

[john999]

You know the VA does Inspire implants in vets with OSA.  I could not tolerate the cpap so I got the Inspire implant a few years ago.  If you get it done at the VA you will save many thousands of dollars.  Look up Inspire sleep apnea device and you can learn more.  My apnea is severe with the whole nine yards of breathing stoppage and many apneas every night. Inspire was the best I could do.  In Tampa where I live the VA does the implants but they will try and make you use the cpap until you convince them it is not working for you.  Cpap is the gold standard with most doctors.  They are conservative in treatment even though about half of cpap users stop using them over time for all the usual reasons.

[brokensoldier244th]

9 minutes ago, john999 said:

You know the VA does Inspire implants in vets with OSA.  I could not tolerate the cpap so I got the Inspire implant a few years ago.  If you get it done at the VA you will save many thousands of dollars.  Look up Inspire sleep apnea device and you can learn more.  My apnea is severe with the whole nine yards of breathing stoppage and many apneas every night. Inspire was the best I could do.  In Tampa where I live the VA does the implants but they will try and make you use the cpap until you convince them it is not working for you.  Cpap is the gold standard with most doctors.  They are conservative in treatment even though about half of cpap users stop using them over time for all the usual reasons.

I’ve seen those, I didn’t know VA did them, though. Hmmmm…….I have a Phillips CPAP on recall right now. I should check that out. Thanks for the heads up!