Sleep Apnea Service Connection

Discussion in 'General Claims' started by redacevet, Oct 12, 2008.

  1. redacevet

    redacevet New Member

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    I was deployed to Iraq with severe sleep apnea. I slept with constant noise of diesel powered generators while at base compounded by my problems with apnea. On missions I was concerned that at night my snoring might compromise my position and I would be a target. While on missions we would drive sometimes 16 to 20 hours with less than 6 hours to rest before doing it all over again. With this concern and the constant fatigue from sleep deprivation I approached medical with my problem and was told they did not have any way to treat sleep apnea in country. I already knew this but thought they might evac me somewhere to get help. I have documents showing their decision to ignore my problem. My claim for apnea was denied because it preexisted before deployment. Would the decision to ignore my apnea while deployed by medical be considered as enough evidence for an appeal. What other approach could I possibly use to be compensated for 13 months of hell with this problem. I cannot prove aggravation because they refused to exam me in country. I have had sleep studies since I have been back but they was part of the records I sent for my claim and I can't use them for new evidence. The difference between before deployment and now is now I was given a cpap machine which I did not need before. According to VA that is not enough to show aggravation. I sure wish I had a way to make the gov liable for this injustice. Being refused medical treatment should carry some kind of penality. Who can a vet turn to for this kind of problem.
    John
  2. TinCanMan

    TinCanMan Active Member

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    No, but your doctor knows the status of your pre-existing condition and he also knows how things were post Iraq. The problem here is that your deployment is unlikely to have been the cause of any worsening. Most likely, the worsening was normal progression of the condition which is not compensable. This is the way the C&P folks will see it. What does your doctor say and can he support a favorable finding with a medically sound rationale?

    It doesn't unless you can show it was responsible for additional medical problems. You could then file a tort against the Army provided the government agrees to allow you to file. They don't have to. I'm not a lawyer but ISTR there are severe restrictions on military personnel filing such suits. Check with an attorney.

    The problem here is your claim doesn't have much in the way of legs to stand on. The only thing left is to continue filing appeals hoping some newbie screws up and grants the claim.

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