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Sleep Apnea and PTSD filing help needed.

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71monty

By 71monty
in Denial Letters

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71monty Rookie

71monty

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Good afternoon folks

I was diagnosed with sleep apnea in 2010 (after service) and in May of 2018 I submitted a claim for Sleep apnea and was denied (see attachment). I gave up because I could'nt show service connection and I just did'nt kn ow any better. I was again diagnosed with severe sleep apnea in Oct. 2022. By this time I had been rated 70% for PTSD that occurred while in service for incidents that happened prior to any sleep apnea diagosis. I got an IMO and submitted that for Sleep Apnea secondary to PTSD. I got a letter a couple of weeks later (see attached) saying I was previously denied sleep apnea and ai needed to submit my new claim on ba different form. 

My question is am I supposed to just submit a supplamental claim for the first filing for PTSD adding my new and relevant info?

Im not sure how to proceed from here.

 

Thanks

 

scan_20231031161255.pdfAutomatedDecisionLetter.pdf

 

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Dot09 Mentor

Dot09

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I personally was approved for sleep apnea due to my medications from bipolar and anxiety medication lorazepam. I see that you filed it secondary to your ptsd. Did that include medications? You probably at this point are going to need a imo/ime from either a Va dr or a private dr. It needs to be their specialty, state that they have reviewed your medical records, at least as likely not secondary to the ptsd, and provide rational with some studies. Have you gained weight from your medications that you take for your service connected condition? That too adds weight to it. Weight is a known factor of aggravating sa.

 

P.S. Welcome to hadit. It is a great place for information. That’s how I was awarded 100 percent schedular p/t from 2009 to present. This site was attacked recently and is slowly building back up. The attack spams hadit and steals its content and post multiple areas making Google restrict hadit in search engines. Also lot of members have either passed away or left. However there are still people that are dedicated to assisting you with your claim

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rentalguy1 Grand Master

rentalguy1

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You need to file for OSA secondary to service connected PTSD on the Supplemental Claim form VA Form 20-0995 . You will need to have the date that OSA was denied and a nexus form from your doc if possible. VA grants OSA secondary to PTSD every day, as it is a widely known cause of the condition.

90%, TDIU P&T

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Dot09 Mentor

Dot09

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71monty 

I need a little clarification did you file your sleep apnea secondary to your ptsd and medication? 

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Dustoff1970 Mentor

Dustoff1970

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A few years ago I was granted OSA Sleep Apnea with CPAP secondary to long term Nam PTSD (70%) and VA medications by the Board (BVA) on appeal.  OSA with CPAP was 50%.  I submitted solid evidence that was denied by the VARO raters. 

With my appeal to the Board I submitted directly to the BVA as new evidence an IMO medical nexus opinion from a private doctor surgeon of 30 years who provided an excellent written explanation stating why I should be awarded service connection for OSA.  The chicken chit excuse given by the VARO and sorry VA C&P examiner was that I was slightly over weight and not due to PTSD and VA PTSD medications.

When submitting new evidence to the board it is important to state in writing you wish for the BVA judge to evaluate the new evidence at BVA and not send it first back to the VA raters for them to consider and then they would probably again deny your claim .  Works for me.

Do not be mislead by other sorry former jealous military lifers, VA raters and VSOs on other forums that PTSD/ and ptsd medications  do not cause and/or aggravates Sleep Apnea.  They always say if you are overweight or obese then this is the only cause for your OSA.  They also do not like for vets like me to get and pay for private doctors IMOs.  Very narrow minded of them but then they are military and government union lifers.

The BVA has awarded hundreds of vets OSA due to PTSD and other MH disorders even tho the sorry VA raters continue to deny these claims.  You will probably need an independent private or VA doctor IMO nexus medical opinion to win the claim or appeal.

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

combinededitedcroppedperkins507thDustoffmedevacUH-1Hrescuehoist.jpg.66e9e75bebf35a15ff490302ec523268.jpg

 

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71monty Rookie

71monty

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Thanks for the responses., As I stated, I have a IMO/nexus letter and I have listed my medication and Im sure they can see them since I get them from the VA. The letter I posted is basically telling me I filed the second time the wrong way. 

rentalguy1 I think I am going to re-file as a supplemental claim.
 

If it is granted based on the 2018 claim , do they back date it to that or use the day I file the supplemental claim?

 

Thanks again

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