Sleep Apnea question

AKtrooper345

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My friend has 0% for chronic sinitus and 0% for chronic rhinitis. He was unable to get a sleep study in the army, but just had one earlier this year (he got out in 2018). He has pretty bad sleep apnea and is required to wear a CPAP. He wants to file for sleep apnea secondary to the two afforementioned disabilities. Does the VA acknowledge that the sleep apnea is secondary to those or is a nexus note needed to make the link?
 

oddpedestrian

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Nexus is needed when he files they will schedule a C&P exam the VSO will request from the examiner if the nexus is likely or not likely. Some vets just get the nexus themselves so the chance of getting the claim approved with no hiccups is more probable.
 

AKtrooper345

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Ok, is it worth it to have the sleep doc do both the nexus and the DBQ and just to submit a fully developed claim?
 

oddpedestrian

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DBQ's are gone the new ones are not released to the public, just have them do the nexus the examiner will determine the rating.
 

AKtrooper345

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Ok sounds good. The only question now is whether or not the sleep apnea rating will negate the Chronic Fatigue rating. Need to dive into the VASRD more to see if it does. I remember at one point they mentioned you couldn't have both, but I've also seen sleep apnea be rated secondary to CFS.
 

AKtrooper345

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According to this, it looks like the VA decided to remove the language about OSA negating a Chronic Fatigue rating.

"Another recommendation was for VA to revise § 4.88a to more closely mirror the diagnostic standard endorsed by the IOM and CDC and eliminate the listed exclusions to allow the veterans' examining and/or treating physician to make a final determination as to the appropriate diagnosis for veterans. In addition, commenters recommended that VA should broaden the group of medical professionals authorized to prescribe bed rest and treatment to meet the incapacitation standard.


While VA received some support for updating its definition of CFS, VA considered these comments and concerns and concluded that this proposed update to § 4.88a is premature and that additional research is needed to provide a more comprehensive way to determine the disabling effects of CFS and associated conditions. Therefore, VA is withdrawing its proposal to amend § 4.88a Chronic Fatigue Syndrome. To ensure that the full range of relevant factors is adequately addressed, VA intends to establish a work group to specifically address this condition. Upon assessment of the work group's findings, VA will determine whether amendments to § 4.88a are necessary and such amendments, if any, will be addressed in a future proposal. "
 
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