UPDATE---Insomnia NOT secondary to PTSD

[flynsolo2]

UPDATE Sept. 19, 2022....

 

Still fighting this. I received a sleep study through the VA, where they diagnosed OSA and snoring and ordered a CPAP. I asked my VSO to resubmit this claim under supplemental, since the VA has now deemed a CPAP machine medically necessary and he said it would still probably get denied. I thought once the VA orders you a CPAP, it all but guarantees you a MINIMUM rating of 30%? Am I wrong? Anyone out there, how were you able to get your OSA approved?

 

Okay, so I know that a lot of times, insomnia is put under the symptoms of PTSD, however, I am trying to get it as a separate condition ( that insomnia is now worsened by my PTSD).

I was treated for insomnia (with medications) while active duty. I was not diagnosed with PTSD until several years AFTER I was discharged, and after years of being on medications to treat my insomnia. I have tried putting in for the insomnia, and they keep putting it under PTSD and denying the claim-I even put in for a higher review, which was just quickly (20 days) denied. I am now sending in my medical records while active duty (because apparently they are not even looking at these), but I am wondering if anyone has any idea/verbiage, etc.. to get them to look at my insomnia as a separate claim from PTSD? My PTSD has increased now to 70%, and they are listing insomnia under symptoms, but, again, the insomnia was being treated for years, while active duty, and BEFORE PTSD was diagnosed AFTER being discharged..... 

Side note: I am personally not submitting these claims. I am working with a VSO, who is working on this claim...

Also of note: I am not having breathing issues/CPAP; I  cannot fall asleep or stay asleep,  (even with some serious medications being prescribed). And the insomnia has gotten worse as my PTSD has also worsened......

 

Edited September 19, 2022 by flynsolo2
new update in claim

[JKWilliamsSr]

The key here is how they are rated.  They are both rated as a mental disability and pyramiding laws prevent them from being rated separately since symptoms will overlap.   I do not believe it is possible to rate them separately.  I have seen where people get service connection for insomnia secondary to PTSD.   I have not seen where they get a separate for it.

I am not rated for either and do not want to speak out of turn.  Hopefully someone with experience with these can chime in.   I have seen this particular issue discussed often wondering if it is possible to get mental disabilities rated separately and the answer seems to be mostly no unless it is specificially allowed such as eating disorders.   I get that info from CCK law firm website ( https://cck-law.com/blog/va-disability-rating-for-depression-and-anxiety/  )

Edited April 6, 2022 by JKWilliamsSr

[Dustoff1970]

This is one possibility as Insomnia is also a symptom of OSA Sleep Apnea and a sleep study done by military, private doctor or VA can confirm or deny Sleep Apnea you may have.  Do you snore when sleeping, etc. Insomnia was one of key symptoms listed by my VA MD specialist for OSA diagnosis. Ask for a referral or consult for check on whether you have OSA.

I was very recently granted by the BVA OSA with CPAP as secondary to my 40 years of VA diagnosed Vietnam PTSD. 

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

Edited April 6, 2022 by Dustoff 11

[brokensoldier244th]

Insomnia may well have been a manifestation of the PTSD you didnt know you had, yet. In any case, unless its tied to OSA- a specifically diagnosed condition, so don't apply for OSA unless you've had a sleep study and are diagnosed with OSA- then it still falls under Mental, and since you already have a mental disorder the insomnia is already accounted for in that rating. 

[flynsolo2]

@Dustoff 11 I do snore-a lot. My wife said it is not overly loud but keeps her up if she is up after I am able to fall asleep. I also do wake a lot, so maybe a sleep study would be the best way to go. I just thought since I was prescribed ambien while active duty, that I could get it rated separate, but, I think you may be right......did they backdate your claim for OSA? Glad you were finally granted for your claim!...

[broncovet]

I agree with Brokensoldier.  

    However, it looks like you are 100 percent P and T, and, to get above that, you are looking at meeting the criteria for SMC.  

    I like to focus on VA disabilites which can actually increase compensation..Im not that interested in spending a lot of time and effort on trying to get stuff SC "unless" it could hep my family get DIC.  

    So, my question is, "What are you trying to achieve" by applying for insomnia?  If this is just to "stack your ratings" because you fear reduction(s), then you should deal with that fear, and not so much in getting a higher rating.  

    I mean, I can understand doing stuff to prevent a reduction...Im on board with that.  But this may not be the best way to prevent that.    

 

[flynsolo2]

@brokensoldier244th Yes, that is what I think they could state, that my insomnia may have been a part of undiagnosed PTSD, however, then wouldn't they have to show that my PTSD was current while active duty, (and then possibly have to change the date of my PTSD? Can they claim PTSD without an active diagnosis at the time of another actual diagnosis?) I  don't know how all this works, (and you may be right-that my insomnia was caused by undiagnosed PTSD), however, they diagnosed insomnia and medications while in service but did not diagnosed PTSD until several years later. If they claim that the insomnia is a symptom of PTSD, wouldn't it also mean they would have to change the date of my PTSD? I am not sure how they could state the insomnia being a symptom of PTSD without a PTSD diagnosis (on file for the same time period). 

Again, just talking out loud, not sure how all of this goes.....