The examiner's rational for the pinion given is noted as there is no medical documentation of lumbar disc condition during active duty. "VA medical opinion, dated on June 1, 2011, noted is not likely that your claimed lumbar disc disease condition is the same as or is the result of back complaints during active duty. Treatment records shows you started with VA pain management in October 2010 first lumbar spine x-ray, dated April 3, 2008, noted normal lumbar lordosis, apparent minimal old compression deformities of some of the lower dorsal vertebrae noted, otherwise no definite evidence of recent fracture. It then goes on to state that, "VA outpatient reports were reviewed. You were diagnosed with discogenic low back pain and left lower extremity radiculopathy you underwent an anterior lumbar interbody fusion on Matreatment records from Octonotes residual complaints of pain but substantial improvement from preoperative status. Private treatment records from to Octonotes complaints of low back pain radiating in to the left leg and into the thigh, calf and knee. The original denial letter stated that, "service treatment records from April 30 2002 to April 29 2006 (my active time) note no complaints, treatments or diagnosis of lumbar disc disease with chronic pain and lumbar radiculopathy. When he finally filed his service records showed him being in combat areas and I believe he had a combat service have the original denial letter from 2011 and then the most recent denial letters. For example a friend of mine did not file for PTSD for 10 years after he got out. When filing for PTSD the stressor would need to be shown to have occurred while on active duty. Most people will not be seen for PTSD issues while on active duty because that would be a fast track out the door. If I am understanding it correctly some of the PTSD and Insomnia symptoms overlap and one could easy tie the symptoms to both of them. If they claim that the insomnia is a symptom of PTSD, wouldn't it also mean they would have to change the date of my PTSD? I am not sure how they could state the insomnia being a symptom of PTSD without a PTSD diagnosis (on file for the same time period).Īgain, just talking out loud, not sure how all of this goes.Īny service connected disability only has to shown to have been caused or aggravated while on active duty. (see edit that is what I think they could state, that my insomnia may have been a part of undiagnosed PTSD, however, then wouldn't they have to show that my PTSD was current while active duty, (and then possibly have to change the date of my PTSD? Can they claim PTSD without an active diagnosis at the time of another actual diagnosis?) I don't know how all this works, (and you may be right-that my insomnia was caused by undiagnosed PTSD), however, they diagnosed insomnia and medications while in service but did not diagnosed PTSD until several years later. And the insomnia has gotten worse as my PTSD has also worsened. I am working with a VSO, who is working on this claim.Īlso of note: I am not having breathing issues/CPAP I cannot fall asleep or stay asleep, (even with some serious medications being prescribed). Side note: I am personally not submitting these claims. to get them to look at my insomnia as a separate claim from PTSD? My PTSD has increased now to 70%, and they are listing insomnia under symptoms, but, again, the insomnia was being treated for years, while active duty, and BEFORE PTSD was diagnosed AFTER being discharged. I am now sending in my medical records while active duty (because apparently they are not even looking at these), but I am wondering if anyone has any idea/verbiage, etc. I have tried putting in for the insomnia, and they keep putting it under PTSD and denying the claim-I even put in for a higher review, which was just quickly (20 days) denied. I was not diagnosed with PTSD until several years AFTER I was discharged, and after years of being on medications to treat my insomnia. I was treated for insomnia (with medications) while active duty. Okay, so I know that a lot of times, insomnia is put under the symptoms of PTSD, however, I am trying to get it as a separate condition ( that insomnia is now worsened by my PTSD). I thought once the VA orders you a CPAP, it all but guarantees you a MINIMUM rating of 30%? Am I wrong? Anyone out there, how were you able to get your OSA approved? I asked my VSO to resubmit this claim under supplemental, since the VA has now deemed a CPAP machine medically necessary and he said it would still probably get denied. I received a sleep study through the VA, where they diagnosed OSA and snoring and ordered a CPAP.
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