I am new to the forum and would appreciate some advice.  I retired from the Air Force in 91.  I filed a VA claim a year after I got out.  I was rated 0 percent for a bunch of things, with the only exception being 10% for "sleep disorder".  I have continually suffered from sleep problems, but the "sleep disorder", is now referred to as a dysthymic disorder and I am rated 50% for it.  Back in 2000 I went through the sleep study in the VA hospital and they said I didn't have sleep apnea.  Two years later I went to the same sleep study and this time I was diagnosed with severe obstructive sleep apnea.  During the two years between the study I had a rino-plasty/deviated septum operation at the VA that made my breating problems worse.  I immediately filed a claim with the VA alleging they had screwed my nose up.  I went to a comp and penn "exam" that lasted about five minutes and was told nothing was wrong with my nose.  I have since had an independent ENT doctor examine me and he said I still have major nasal obstruction and he said my nasal problems are WORSE after the VA procedure.  He looked at my records before and after the surgery.  I am in the process of appealing this denial.  At the same time the VA said SC for sleep apnea had not been proven, even though I was orginally rated for sleep disorder (which was not even mentioned).  I have obtained the services of a lawyer who specializes in VA claims.  More than anything else I want the VA to admit they messed up my nose.  Most say this is almost impossible to prove.  The lawyer says service connection for sleep apnea is hard to prove if you didn't get specifically treated for it in the military.  Does it look like I have any type of claim for the sleep apnea being granted as service-connected?  The lawyer said even if the VA admits the operation made my nasal problems worse she does not think it could lead to a 100% overall rating - which I am shooting for.  I am currently rated 70% for dysthymic disorder and back problems.  Thanks.  Yak

Anonymous wrote:

Anonymous wrote:

Have a question for the group.  Active duty 19 1/2 years.  I have a sleep test coming up next month.  If I am diagnosed with Sleep Apnea, and I elect to have surgery on the throat or nose, or wherever and the apnea is cured, Do I still get a disability when I retire?  I know the CPAP machine is a automatic percentage, but what if they fix it/help it  through surgery?

Should I go with a CPAP for disability purposes?

6847  Sleep Apnea Syndromes (Obstructive, Central, Mixed):    
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy    100

What does this tracheostomy consist of?  Not sure its an option, but I have a very small mouth and throat.  Has anybody had this done? Is it worth 100%.  Do I go CPAP at 50% or the tracheosomy at 100%if its an option?

What?????  You have to be kidding me, you take the advice from your doctor and make the best decision what is best for your overall health.  SA is a serious condition and don't make your decision based on how much money you can get from disability.  Just my opinion.  I use a BIPAP and the pressures were just too great to keep it the mask on all night. I chose the UPPP surgery and had my soft palate trimmed, uvula trimmed, tonsils and adenoids out. I too had the the Hyoid bone suspension.  It was a very painful 10 days but I got over it.  Sleep study in about three weeks and hopefully will pass the MEB.  I'm eligible to retire now but hoping for CAT C so I can deploy.  I would prefer to be totally healed and not wear the mask with no disability but with Severe SA it is highly unlikely.  We all just have to roll with the punches and deal with the deck we are dealt.  I have heard the trache is basically a flap that is closed during the day and connected at night. My motive to go this direction is to stay alive over 10 years and avoid strokes, I hope this is a decision I do not have to make.  Good luck to you all for curing your sleep apnea, getting disability is just the consolation prize.

I am trying to get some understanding about the VA rating scheme on sleep apnea because it does not make sense to me. Not to knock anyone, but how is it that a person who had a sleep study and later provided CPAP machine because of findings and a person who had surgery to correct sleep apnea and later had a sleep study and found severe sleep apnea with the use of the CPAP machine after surgery are rated at the same 50%? Maybe I am reading too much into the 6847 rating scheme but it is not specific because 50% is for the use of CPAP machine and states nothing else. Can someone please provide me with some clarity of the VA rating scheme for sleep apnea because it does not make sense? Also, the person with the sleep apnea surgery has hypertension due to sleep apnea and takes continuous medication for control.

As with most things in the VA they do not give you more because of the trials you have been through.  They give you compensation for for the illness you have at the time they look at you.  So if you have SA with a machine it is 50%.  I could say something about mine as I have an AHI of 129 and get the same as someone with an AHI of 5 is it fair, who knows it is what it is.  I am sure lots of people would be happy to get any compensation for this illness.  

Good Luck


_________________
Started 22 Nov 07
AHI 129, O2 level 70%, 2 obstructive SA, 9 mixed apnea, 14 hypopneas, 607 central apnea
Currently using a ResMed VPAP Adapt SV, set at 10EEP and PS of 5 to PS of 10

I am 23 years in Active Duty AF, put in papers this week to retire. For the past 4 years, I felt tired all the time, snore, headache, odd breathing...friend told me thought it was sleep apnea, to ask..got concerned and went to see the doc two weeks ago.  I was worried to do so because may never fly again, but don't want to die in my sleep or be risk in the air to anyone else or get worse problems either. My doc sent me downtown for sleep study, and they said I have moderate OSA, and consult continues to do CPAP work this week, but at this point I know I have OSA with a CPAP required. I'm told 50% disability.  Would like anyone's thoughts on:
1. I know OSA can be caused by having tonsils/uvula, small throat, age where muscles don't work or cough tires them out (take lisinopril for high BP which has cough as side effect), and of course being overweight.  
2. The consult does not say what caused the OSA, just that I have it-they have said there's too many possible reasons.
3. 4 years ago, I tore my ACL in group PT, gained 25 pounds over the year it took to diagnose and fix the knee, and then had complications from the surgery that reduced my physical activity for over 3 years.
4. Still have problems with the knee but did a walk PT test and maxed out situps and push ups last year (passed the test) but can't shake the weight (another reason I thought I had OSA), not to mention knee still hurts all the time when I walk....
All is documented, including the weight gain, but here are my concerns/questions:

- Will the VA say "Sorry, you are overweight and that is a cause of OSA so nothing for you" (note also that OSA causes weight gain as well)
 OR
- Will the knee injury followed by record of weigh gain followed by OSA diagnosis without the doc saying what the exact cause of OSA (no one knows) do me okay for the VA?
- I have seen/heard where VA has denied claims saying the OSA rating won't be given since the guy was overweight. The doc did say that she thinks that would have been OSA that helped with weight gain any.

So...how do you think the VA will come back on this?

Flyboy1963,

Each of the disabilities should be rated separately.  there are those that are "normal" weight that have OSA that get disability for the VA.  they have not said that the weight is the cause of the OSA.  

Be sure to get every thing documented while you are still on active duty and document everything (down to very last and smallest scar) at your exit physical.  this is the last time that you usual get to document symptoms and or problems that you have.  in your VA briefing they will tell you that you do not have to have a diagnosis, just that the symptoms are present.  and before any questions i know at least 10 people that have gotten rated on just the symptoms listed in their medical records.  also when you file your claim with the VA i recommend using one of the service organizations to assist you with the claim (e.g. DAV).  

I hope that this helps

PanMan

PanMan...that's great advice, thanks.
I have heard same in TAP class and will definitely take a trip to DAV or VFW...in fact, I just became life member of VFW. Cheers...

Here's another few questions for anyone on the OSA rating. I know from good advice to make sure it's in my records before I retire and also I will fill out the VA paperwork within one year, probably within one week.  Can you confirm:
1.  I already have my retirement orders in hand so I assume an MEB is not going to happen?
2.  The fact the diagnosis of OSA is in my record as of Nov/Dec this year (I go terminal leave Feb)...and my CPAP machine issued probably within weeks, will the VA want to do their own sleep study to confirm or do they records of diagnosis at merit?
3. Will the VA want to reassess the condition in the future...1 year, 2 years, 3, 5, etc?

I tell you what though...feeling like this isn't worth not getting cured if they can do it. And all this time I just thought my job was stressful and I was getting old. What I wouldn't give for a good nights sleep and to be able to think better again and stop having all these aches as well!

Thanks in advance for the answers to the above!

Flyboy1963,

You are most likely correct that an MEB will not be done.  For me the VA did not do a sleep study to confirm the results but i had 5 or 6 sleep studies in my records.  Your DR might want a sleep study in 6 months to a year to ensure that your pressure has not changed.  If your Dr doesn't expect one every 2 or 3 years (for the sane reason).   just a note on the rating, you get 10% for having OSA and none compliant with treatment, 50% for OSA and compliant with treatment.  so if you have ANY trouble stop in and we will try to help.  the best advice to get use to the XPAP is to wear the mask while watching TV, reading, etc to get use to it.  also talk to your DME and ask for help, but use common scene and know if it sounds like they are snowing you.

PanMan

My name is Sam Gray I am 25. I joined the army in Sep 2007. Before that I used to sing in a band. I went to Basic training at Fort Knox Kentucky in the middle of winter. On average it was between 8 and 14 degrees. Being the motivated soldier I was, I would "sound off" loud and proud everyday. Due to the weather I then caught a severe cold/cough, however I "embraced the suck" and continued to "sound off" while I had this cough. Soon enough I was coughing up blood every morning when i woke up. I went to sick call and they passed it off as post nasal drip. Upon returning home after basic, my fiance noticed my voice had changed and I was snoring very loud at night and would even stop breathing in my sleep she was very worried as this would not happen before I left. Went through AIT noticibly tired falling asleep in class daily but still graduated.

I arrived at Fort Carson, Co. in April of 2008. Which is actually hight than Mile High Stadium. Shortly after arriving I had to sit through many classes and briefings once i got to my unit (3/16 Field Artillery). Once again I would fall asleep constantly, finally my S3 Sgt told me I needed to find out why I was so tired all the time and fix it. So I went to the doc. he requested a sleep study. I was diagnosed origionally with Sever SA. with obstructions about 57 times an hour. I was then given CPAP and a setting of 8 cm/H2O. I could not stand the mask whatsoever. When I went back for a followup the doc said my readouts showed a few things he wanted to persue and scheduled another sleep study. I was then diagnosed with Severe Obstructive SA, Central SA, and Hypoxemia. My condition had gotten worse and I was put on BiPap with and Insp. pressure of 17 cm/H20 and exp pressure of 8 cm/H20. I was reffered to the ENT and she said I had a great deal of scar tissue on my vocal chords likely causing my obstructions. She told me it was prob. from acid reflux, but I dont get heartburn if I do its a rare occasion, so Im guessing it was from my experience in basic training.

I was put on Rear Detatchment and given a permanent non-deployable profile and was told i would be going through a MEB(for those of you saying SA doesnt constitute an MEB, mild and moderate cases can be waived and deployed but not severe cases). Through out the lengthy MEB process I found I was unable to tolerate the mask/machine with out the use of sleep meds. after about three months on sleep meds I took a break from the meds to see if I could then tolerate the machine, I still couldnt do it, taking more than an hour to fall asleep and would often take my mask off. That was when I gave my narrative summary (phase three) and when asked if I was taking any medication at the time, I said no. Shortly after that I realized I still needed meds to fall asleep with the mask. I was told I could no longer be prescribed benzodiazapenes(sp?) and I was the put on Seroquel which is a anti-psycotic drug for scitzoes(sp?) Side note: Seroquel is known to cause Diabetes, Hypothyroidism, Weight gain, and High Colesterol. All of which I am at risk for, my father has Diabetes, my mother had hypothyroidsim, I have already gained since we dont to PT on Rear D. and my cholestorol is borderline high. I brought this up to my PA yet he told me id be fine and to take it anyways. The seroquel cause me to have horrible nightmares and extreme sweating, I was waking up in puddles of sweat. I couldnt take the meds. My results of my MEB came back and I was found fit for duty and able to deploy to a mature theater. However they didn't have me down as taking meds to sleep so I appealed. After asking my doc to take me off the seroquel he said he was going to reccomend Supplemental Oxegen for the hypoxemia because he was told it was and automatic separation and he feels it would be better for me to be out of the army since it would be dangerous for me to deploy either taking sleep meds or not taking sleep meds and not using my mask. He put in the refferal to get me the oxegen equipment, but I wont have it officially prescribed to me till after my Formal MEB Appeal Hearing which migh be too late, But we'll see. Today is Friday and I have my Hearing on Monday. To be honest I origionally didnt want to use this to get me out. I was so gung-ho and high speed coming in to the army but now after being on Rear Detachment for almost a whole year, missing out on a deployment with my fellow sodiers from my company, dealing with the verbal abuse, the condesending way the NCO's treat the soldiers, the sitting around battallion all day doing absoluteley nothing only to be released at 5 or 6. I've lost all motivation and respect for my CoC. On top of that I have to pull staff duty 2 or 3 times a week which disrupts my sleep schedule as it is. Just dealing with all the bull$!@# of being on Rear D. I now hate the army and feel like im going to lose it if I have to stay in for another year to ETS. I should at least be sent to WTU so a fit soldier can fill my spot and deploy. My unit will be back from Iraq around August/Sept.

I cant sing worth a s#!@ now!!

Hi all,

I hope that I submit this question to the correct forum.

I was medically discharged from the US NAVY in November of 1999 after a sleep study stated that I have a sleep disorder (sleep apnea was never mentioned or a CPAP tested on me).

After submitting a compensation form I received 30% service connected compensation sometime in 2000.

After 9 years I learned that my condition is sleep apnea and I just got a sleep study done at the VA Hospital and a CPAP is going to be provided.

I called the VA to increase my compensation from 30% to 50% (Doctors Advice) and they say that there is no back pay for my claim.

According to the doctor I needed the CPAP 9 years ago when I got out of the Navy and this was never mentioned to me.

How can one go about receiving back pay or does anyone know of a similar claim were back pay was issued?

I figure if the doctor claim that I needed the cpap years ago then I should have been at 50% all that time.

Any help will be appreciated.

Sorry to say I think you are out of luck.  The VA will only pay from the time you file the claim.  When I retired from the Air Force over 10 years ago, I was rated at 40%.  Since then, I have requested and received increases and I am presently at 80%.  Each time I asked about being paid from the time I filed the request and was told that because I am getting a retirement check I am not entitled to get the back pay.  Interesting enough, my last request from 70% to 80% and I was paid back pay.  Given the circumstances you've mentioned I would strongly suggested getting with the Disabled American Veterans or other Veterans Service Organization.  The DAV does not require membership.  These guys know the rules and will help you out if it can be done.  Just remember you will need plenty of patience and persistance along with the supporting documentation.


_________________
Resperonics REMStarPro M Series w/Opus 360 pillow mask CPAP set to 10 cm

Great info on this forum.  I am hoping for some clarification.
I retired in December 08 and have a 90% VA rating.  My VA doctor recently ordered a sleep study and has been determined I have severe SA.   I would like to file an additional claim for this.  The only military documentation regarding my lack of sleep (in my medical record) was PTSD.  

My question;

1) will the PTSD diagnosis be enough to confirm this was service connected?

2) Since I have been retired less than 1 year, would I need to rely on that diagnosis?

After my 2nd tour to Iraq, I people around me were telling me that I was snoring very loudly.  I was recently seperated June 2008 from active duty under regular conditions (no medical seperation).  I have now been told that throughout my sleep that I stop breathing.  With these symptoms, do I have a high probability of being denied compensation since I had no clue of these things while on active duty? I'm trying to get scheduled for a sleep study asap.