I just got my 199 back and it says:
18. Proposed entitlement to service connection of obstructive sleep apnea for Department of Veteran Affairs (VA) benefits.
Service connection for obstructive sleep apnea is proposed as directly relate to military service. (38 CFR 3.303, 38 CFR 3.304) A decision on entitlement to an evaluation in excess of 0 percent for obstructive sleep apnea is differed.
The evaluation for OSA is deffered for the following : medical clarification. A 0 percent evaluation is assigned based upon the evidence of record and may be adjusted upon receipt of clarified examination findings.
We have assigned a noncompensable evaluation for your OSA based om: A diagnosed disability with no compensable symptoms (38 CFR 4.31)
A higher evaluation of 30 percent is not warranted for sleep apnea syndromes unless evidence shows: Persistent day-time hyper-somnolence. (38 CFR 4.96, 38 CFR 4.97)
My issue is that in 2019 I had a sleep study done through my clinic and Tricare has been paying for my CPAP since then...I did everything by the books and went through my military providers when I was feeling exhausted throughout the days and they set everything up. When I originally filed my claims I even sent the VA rep my sleep study results as she requested them.
Has anyone experienced this before and if so what did you do? I have a meeting with legal in a few hours where I will discuss it, but I want to see if anyone has been through this.
18. Proposed entitlement to service connection of obstructive sleep apnea for Department of Veteran Affairs (VA) benefits.
Service connection for obstructive sleep apnea is proposed as directly relate to military service. (38 CFR 3.303, 38 CFR 3.304) A decision on entitlement to an evaluation in excess of 0 percent for obstructive sleep apnea is differed.
The evaluation for OSA is deffered for the following : medical clarification. A 0 percent evaluation is assigned based upon the evidence of record and may be adjusted upon receipt of clarified examination findings.
We have assigned a noncompensable evaluation for your OSA based om: A diagnosed disability with no compensable symptoms (38 CFR 4.31)
A higher evaluation of 30 percent is not warranted for sleep apnea syndromes unless evidence shows: Persistent day-time hyper-somnolence. (38 CFR 4.96, 38 CFR 4.97)
My issue is that in 2019 I had a sleep study done through my clinic and Tricare has been paying for my CPAP since then...I did everything by the books and went through my military providers when I was feeling exhausted throughout the days and they set everything up. When I originally filed my claims I even sent the VA rep my sleep study results as she requested them.
Has anyone experienced this before and if so what did you do? I have a meeting with legal in a few hours where I will discuss it, but I want to see if anyone has been through this.
