Sleep Apena

[Recondoc7778]

I’m currently at 70% and I was just diagnosed with moderate sleep apnea and will be using CPAP machine. I was wondering should I put a claim in for the sleep Apnea. Everything I read says yes due to my anxiety and sleep problems. Some guidance would be much appreciated.

[GBArmy]

Recondoc7778 Welcome to Hadit. Up, submit a claim. If you are at 70%, a OSA approval would kick you up to around 90%. For that kind of money, I'd be sure to get a imo/nexus letter to support the MH secondary. My opinion is you make it as hard as you can for the VA to disapprove, so make it hard for them and don't hope the C&P examiner makes the connection.

[brokensoldier244th]

Depends? Should you? Maybe- do you have any evidence of sleep problems, lethargy, breathing problems in your STRS or within a year or so out from discharge? Do you have buddy statements that can vouch for any of the above if your STRs aren't conclusive? If there isn't evidence tying now back to then, or a chain of frequent complaints that shows some continuity of treatment its going to be a difficult claim. You can also get  around the "well, you're just obese and that's why you have OSA" examiner argument if you can get a doctor or sleep specialist to discuss how your other disabilities factor into being obese (if you are obese) - chronic pain, depression, lack of motivation, etc. all contribute to an overall lack of willingness or ability to exercise, which can gradually pile on weight, which can then create sleep apnea. Its a round about argument, but it can be successful. I had to do 1 appeal for it, but that was my fault since I jumped the gun and filed soon after I got my CPAP without having much tying service and the subsequent chain of events to the OSA.

MH issues themselves can sometimes be a root cause for OSA but you still have to have a doctor make the official connection. You can claim it secondary to MH or physical (or both)- your lay statement does count as one of the three parts of Caluza, but a doctor has to say "yeah, its at least as likely as not tied to this other stuff....." 

Edited October 20, 2022 by brokensoldier244th

[Dustoff1970]

Here is myself as an example.  In December 2021 I was awarded 50% for OSA Obstructive Sleep Apnea secondary to long term PTSD and VA medications by the BVA even tho I was overweight by 30 lbs.

Dr. David Anaise provided me with a detailed 12-page medical nexus opinion that I sent directly to the BVA after VA examiner and VARO denied my claim by simply stating I was overweight.

The BVA decision found the Anaise opinion to be very creditable and probative whereas the judge stated the VA examiner's opinion and VARO denial to be defective.