PSP Questions

 

Question #77    

 

My oxygen saturation varies consistently between 92 to 88.  Occasionally it goes as low as 82.  I feel like I am out of breath a good percentage of the time.  The VA has me on a CPAP.  I have o2 supplied by my own insurance.  I am less and less feeling like I don't care or want to do anything.  What can I look forward to next?

 

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Question #78

 

I have attempted to claim sleep apnea as one of my disabilities but was denied, because the VA said that it was not service-connected. I first discovered that I was a chronic snorer by my shipmate waking me up so they can get some sleep. I did not hear of this sleep apnea until I was out of the Navy and married for many years and my wife asked me to look into getting something done about my snoring. Should I pursue it further? 

 


A1:  Yes. Sleep Apnea was misdiagnosed many times or not diagnosed at all when veterans were in service. Just because the condition was diagnosed after service does not mean that it cannot be claimed.   In  cosman v principi, the courtr essentially stated that although a particular condition was not diagnosed in service, or for many years later, service connection can still be established. In a second opinion, COMBEE v BROWN, the court stated that exposure during active military caused the serevice connected disability, although the disability may appear years later.  This establishes reasonable doubt that the CFR says must be utilized by the regional office in assessing such claims and that when reasonable doubt exists, the decision must be in favor of the veteran.  (AP)  6/6/2016

 

A2:   You will need to find evidence which proves you had some sort of sleep related problem while on active duty.  A personal report of snoring will not be sufficient.  (RJ)  6/14/2016  

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Disability Journal
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