Hypothyroidism and Sleep Apnea Denied

[Gunnerdad]

Last entry I had submitted claim for AO SC Hypothyroidism with Sleep Apnea 2nd, and COPD 2nd.  All were denied because Hypo was caused by Hyper (Graves Disease) treatment. Saw no bases for DNA.

8-16-23 Filed claim for Hyper with evidence of studies at Buffalo University on over 200K Vets that showed AO exposed developed Graves Disease at 3X the rate of unexposed.  Claims check showed all claims referencing that study were approved.  Claim was closed within 4 hours and said letter was sent.  Only letter I've received was on 8-24 which stated they had reached out to the doctors I listed for treatment. Can't find any letter stating it was denied.  If it was closed on the 16th why the doctor letter and why no letter of denial?  So I have asked for a higher level of review and requested a conference with the reviewer so I can explain my claim.  Wondering if I have taken the proper route?  If approved it clears the Hypo claim as well.

Second part of same issue is the denied Sleep Apnea.  VA diagnosed me with a sleep study as moderate to severe and prescribed a CPAP machine. Because my COPD causes difficulty to exhale, I have struggled thru several versions and am now being fitted for the mouthpiece VA accepts as treatment.

I am now SC 50% PTSD.  Can I refile the Sleep Apnea as secondary to PTSD.

ClaimLetter-2023-8-24.pdf

[Gunnerdad]

Pacman,

I have a PAC Act claim for Hypothyroidism that is over a year old.  That was denied because it was caused by the treatment for non-presumptive Graves Disease.  I filed with Sleep Apnea secondary to the Hypo since there is evidence of a connection.  Which they also denied, since there was no service connection thru the Thyroid disease.

After that I did a lot of research and found the study linking AO to Graves Disease from Boston University.  3X more for the exposed than the unexposed.  That was a large study group of over 200K veterans.  Further study of VA cases I saw lots of cases where Graves was denied, but NONE where they referenced that study. Many also had Nexus letters stating the same.  I reached out to the Doctor in Florida who headed up the research in the hopes I could get a letter from him, but several attempts went unanswered.

Last August I filed for Hyperthyroidism (Graves Disease) and as I said they closed the claim 4 hours later with the statement a decision letter was sent to me. When the letter dated 8/24/23 arrived it was as you saw a letter stating they were contacting my doctors. Contacting my doctors on "closed" case?  I developed the disease in 1998 and my doctor at that time has long retired or died and her records were only kept for 10 years.  I did somehow happen to have a couple of blood tests showing my thyroid was roaring which they eventually treated with radiation that caused me to become Hypo.  I included those documents along with anything I could find about the Buffalo study and noted that the VA had indeed recognized a SC for Graves.  That what they closed in 4 hours.  I've been unable to find anything in writing stating it was denied for cause and my VSO can't seem to even understand my claim.  She gets hung up on refiling the Hypo which they will never approve without the aforementioned disease being SC.

I recently requested a higher level of review and requested a conference with the reviewer to explain what I just tried to explain to you.

Hope you're still awake reading my dissertation, but it continues.  I have been rated at 50% for PTSD and as I've been discussing with Dustoff, it is clear I'll need a nexus letter(s) to connect my Sleep Apnea to the PTSD, even though I have had both forever. I have gotten myself to 90% by myself in 7 years and need 40% VA math to obtain 100%.  At 77 the clock is screaming in my ear to get it accomplished, so I don't want to make any more missteps.

I have filed a NOD for the Neuropathy increase denial as I await my FOIA request for my C&P files for that disease.

Thanks.

Gunnerdad

[Lemuel]

Isn't sleep apnea a PAC ACT disability?  My Bladder cancer PAC ACT was denied in 2023 by the first RO that laid his hands on it as not within a year of service release.  On January 22, 2024 I received 20% for bladder cancer and a denial from SMC.  But I think SMC is still in the works because examinations are still being done.  

There must be a time limit for moving a claim off the RO's desk but apparently that is not always the end of it.  I thought I had two issues for a supplemental claim for my Legacy Appeal, but now only have one and a new date to appeal by.

[Gunnerdad]

Lemuel,

The Pact Act did little for Vietnam Vets such as myself.  I am rated for 0% for SC Hypertension. 

Sleep Apnea is not mentioned in the program. COPD is but only for Gulf War Veterans because of the burn pits.

Thanks.

 

Gunnerdad

[Rattler]

The Pact ACT created more crazy stuff than the good it did. The way I see it if you were in a contemned area like Fort Gordon or your MOS exposed you. And you have a current diagnosis of one of the presumptive you get the ratting.  But that is not how it works. I am currently working with an Air Force Vet who both through where he served and what he did exposed him to presumptive. He furthermore has a history in his medical records of exposer. The VA Denied all of his PACT ACT claims. 

The problem is it seams like no one at the VA is reading any further than the form you file and not reading any of the evidence that is submitted.

If I get a min I will redact and post his denial letter.

[Lemuel]

On 2/8/2024 at 8:30 AM, Gunnerdad said:

Pacman,

I have a PAC Act claim for Hypothyroidism that is over a year old.  That was denied because it was caused by the treatment for non-presumptive Graves Disease.  I filed with Sleep Apnea secondary to the Hypo since there is evidence of a connection.  Which they also denied, since there was no service connection thru the Thyroid disease.

After that I did a lot of research and found the study linking AO to Graves Disease from Boston University.  3X more for the exposed than the unexposed.  That was a large study group of over 200K veterans.  Further study of VA cases I saw lots of cases where Graves was denied, but NONE where they referenced that study. Many also had Nexus letters stating the same.  I reached out to the Doctor in Florida who headed up the research in the hopes I could get a letter from him, but several attempts went unanswered.

Last August I filed for Hyperthyroidism (Graves Disease) and as I said they closed the claim 4 hours later with the statement a decision letter was sent to me. When the letter dated 8/24/23 arrived it was as you saw a letter stating they were contacting my doctors. Contacting my doctors on "closed" case?  I developed the disease in 1998 and my doctor at that time has long retired or died and her records were only kept for 10 years.  I did somehow happen to have a couple of blood tests showing my thyroid was roaring which they eventually treated with radiation that caused me to become Hypo.  I included those documents along with anything I could find about the Buffalo study and noted that the VA had indeed recognized a SC for Graves.  That what they closed in 4 hours.  I've been unable to find anything in writing stating it was denied for cause and my VSO can't seem to even understand my claim.  She gets hung up on refiling the Hypo which they will never approve without the aforementioned disease being SC.

I recently requested a higher level of review and requested a conference with the reviewer to explain what I just tried to explain to you.

Hope you're still awake reading my dissertation, but it continues.  I have been rated at 50% for PTSD and as I've been discussing with Dustoff, it is clear I'll need a nexus letter(s) to connect my Sleep Apnea to the PTSD, even though I have had both forever. I have gotten myself to 90% by myself in 7 years and need 40% VA math to obtain 100%.  At 77 the clock is screaming in my ear to get it accomplished, so I don't want to make any more missteps.

I have filed a NOD for the Neuropathy increase denial as I await my FOIA request for my C&P files for that disease.

Thanks.

Gunnerdad

Send your research to the House Veterans Subcommittee on Benefits with a letter asking them why Graves disease was not included in the PAC ACT.  The law has to change before the VA will.  Post your research links and I will also.

[Gunnerdad]

On 2/19/2024 at 8:00 AM, Lemuel said:

Send your research to the House Veterans Subcommittee on Benefits with a letter asking them why Graves disease was not included in the PAC ACT.  The law has to change before the VA will.  Post your research links and I will also.

Sorry I've been remiss on checking your messages.  Back has had me down so setting at computer was a no go.  Made a mistake moving to the Wild West where no help is available.  To me it's obvious why they didn't include it since it appears there are more Graves than Hypo.  I'll take your advice but assume it will take years for them to change their minds.  If you read the attached it not only shows the fact that exposed had Graves at 3X the non-exposed but ironically also showed that we had Hypothyroidism at a much "lower" rate than non-exposed so the wrong form of the disease was addressed according to that study. I wish the Doctor that performed the study would write my Nexus letter but several attempts has had no response. Dustoff referred me to someone for the Sleep Apnea nexus so I'm going to try that person and see how it goes.

2010-06-agent-orange-exposure-linked-graves.pdf