Denied again

[skipperjones124]

Janesville WI intake center has denied every claim I have entered there. Years ago I filed for sleep apnea after I got my c-pap machine. Denied! This time my DAV rep said I should file it secondary to My 70% PTSD and it should be an easy approval. Denied again!! Their excuse this time is. "The VA examiner opined that it is less likely than not that your sleep apnea is proximately due to or the result of your service-connected PTSD. The examiner stated that while sleep apnea and PTSD co-exist, there is no established causal relationship between PTSD , a mental health condition, and sleep apnea". End quote. I have read many studies online showing there is a connection between the two. Also, why wouldn't sleep apnea be considered a presumptive illness of the Gulf War under 'Sleep Disturbances". I am really depressed and frustrated I can't get what so many others have approved without much trouble. My nephew didn't even know he had it and the doctor asked him if he had it. He said no then the doctor asked if he snored and he said he thought he did. The doctor said well then you have it. He filed a claim and the VA sent him a machine and 50% rating. He didn't even have to have a sleep study done. I had mine back in 2013 that studied Obstuctive sleep apnea. It just isn't good enough for Janesville,WI. Should I file and appeal or am I just wasting more time?

 

[jaybrown]

I honestly would start by requesting all of your C&P exams through a FOIA request from the VA. I found that my C&P exams were not being annotated correctly and they were writing bare minimum from what I was saying. I would also look at if you are turning in your own statement of facts to identify the timeline to show the nexus and tie it into because according to the VA regulations, they have to believe the veteran as a last resort. I am in a uphill battle right now with them giving me a 0% for my chronic fatigue when there has been medical evidence that shows they originally rated me at a combined with Lupus when they should have not. The problem is they will have to backpay if they claim the error, which rightfully so, they should. It really depends on how bad you want it, sad we have to jump through so many hoops but it is worth it...for me at least.

 

[TortolliniShell]

Janesville WI intake center has denied every claim I have entered there. Years ago I filed for sleep apnea after I got my c-pap machine. Denied! This time my DAV rep said I should file it secondary to My 70% PTSD and it should be an easy approval. Denied again!! Their excuse this time is. "The VA examiner opined that it is less likely than not that your sleep apnea is proximately due to or the result of your service-connected PTSD. The examiner stated that while sleep apnea and PTSD co-exist, there is no established causal relationship between PTSD , a mental health condition, and sleep apnea". End quote. I have read many studies online showing there is a connection between the two. Also, why wouldn't sleep apnea be considered a presumptive illness of the Gulf War under 'Sleep Disturbances". I am really depressed and frustrated I can't get what so many others have approved without much trouble. My nephew didn't even know he had it and the doctor asked him if he had it. He said no then the doctor asked if he snored and he said he thought he did. The doctor said well then you have it. He filed a claim and the VA sent him a machine and 50% rating. He didn't even have to have a sleep study done. I had mine back in 2013 that studied Obstuctive sleep apnea. It just isn't good enough for Janesville,WI. Should I file and appeal or am I just wasting more time?

The thing that I've seen approved is if the veteran was diagnosed or sought treatment for sleep issues while on active duty and got it documented. Getting it SC after service is much more difficult. My VSO, who does the work for a living, didn't get hers approved either.