C&P Exams: Sleep Apnea

[@HpyPpl]

I have mixed granted 30% secondary to chronic sinusitis, which is at 50%.

[@wiggyjones]

I'm diagnosed with OSA, prescribed and using a CPAP, and want to file for secondary to PTSD MST. However my PTSD claim has been in the system since May. No C&P yet. I'm hesitant to file my Sleep Apnea claim until my PTSD claim is adjudicated. Should i continue to wait, or file now and hope I have my PTSD claim approved before I'm called to a C&P exam for Sleep Apnea?

[@VADisabilityGroup]

At the very least you can file an Intent to File. You have 1 year from the date of submission of the ITF to file a new claim and preserve your effective date. This will give you time to either wait for a decision from the VA and then submit your secondary claim, or proceed with filing your sleep apnea as secondary to PTSD. In most cases similar to yours, there would not be an issue with filing your claim now. Download an Intent to File here: www.va.gov/find-forms/about-form-21-0966/

[@Wogger1]

What if you’ve been on a sleep apnea machine for over 10 years, does the VA require you to use their machine? The people I work for pay for the machine and the monitoring, I’ve done two sleep studies in 10 years and I have terrible sleep apnea because of a near lightning strike back on active duty.

[@VADisabilityGroup]

No, you do not need to use a machine provided by the VA specifically. They are mainly concerned with if the condition is service-connected. Although I have never heard of a lightning strike causing sleep apnea, if you can connect an in-service event to your condition, and have documentation of a diagnosis and ongoing treatment, then you have a good chance of receiving a compensable rating.

[@Wogger1]

@ at the same time the close Lightning Strike happened, I got knocked off a ladder which is in my medical record and injured my hip, and had to have surgery years later to repair my hip. I’m 10% service connected with tinnitus working on the flight line

[@iceman11sdm]

Would sleep apnea be related to a pact act?

[@VADisabilityGroup]

Yes, it can be related to the PACT Act. The law expanded eligibility for veterans exposed to burn pits and other toxins during service. It presumes that certain conditions, included respiratory issues like sleep apnea, were caused by exposure.

[@iceman11sdm]

@@VADisabilityGroup thank you. I will reach out to you all today

[@cristobalortizortiz]

its sad what is going on i had the machine already and i got a 30% with the proper lab studies and everything fight for my 50% and was denied after 30 days using the machine you notice a change dont give up on it

[@VADisabilityGroup]

Thank you for your first hand account on how this change is actively affecting veterans.

[@HpyPpl]

For some strange reason the VA added an unbeknownst to me an additional claim to my sleep apnea 1 week after being granted the 30%

[@VADisabilityGroup]

Thanks for the comment. Hopefully this "additional claim" leads to an increase for you.