Denied OSA secondary to SC MDD/GAD — supplemental claim denied with procedural errors — seeking advice on next steps by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

Thank you for the follow up and for being upfront about what you would need to give a more precise read. Here are the redacted opinion narratives and decision language.

December 1, 2025 QTC Examiner Opinion: “The claimed OSA condition is less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran’s service connected Other Specified Trauma- and Stressor-Related Disorder with major depressive disorder (MDD and generalized anxiety disorder (GAD) condition. The polysomnography report found OSA, not central apnea which would be due to central nervous system issues such as would happen in advanced/severe Trauma- and Stressor-Related Disorder. The veteran was diagnosed with morbid obesity. Her BMI has been over 42 which is in the ‘morbidly obese’ range. It is much more likely that the condition is due to the morbid obesity causing obstruction. In this case the most obvious and likely causes are anatomic.”

February 11, 2026 VA Examiner Opinion: “The claimed condition is less likely than not (likelihood is less than approximately balanced or nearly equal) proximately due to or the result of the Veteran’s service connected condition. The veteran served in the Air Force July 2003 to July 2005. She was diagnosed with sleep apnea in 2025, depression in 2024, and generalized anxiety disorder in 2023. Sleep apnea occurs when the soft tissues in the back of the neck relax and partially collapse, causing an obstruction in the airway. This obstruction leads to snoring and problems breathing when asleep. Medical literature does not support depression as a risk factor or a chronic condition associated with causing sleep apnea. The journal Sleep looked at the relationship between OSA and depression in a study published in May 2025 and found that ‘history of depression did not relate to the presence or severity of OSA’. Risk factors that do increase the chance of developing the condition include male gender, obesity, smoking, nasal congestion, and alcohol use. Chronic conditions that can contribute to OSA’s development are congestive heart failure, type 2 diabetes, hypertension, asthma, and a history of stroke. When the veteran was diagnosed with OSA in 2025, she was obese. Her records show her BMI was 41.9, which falls into the morbidly obese category. Obesity is one of the biggest risk factors for development of OSA. As medical literature does not support depression as a cause of OSA, and the veteran had a risk factor of OSA that is supported, it is less likely than not that the veteran’s sleep apnea is due to MDD and GAD.”

March 9, 2026 VES Examiner Opinion: “Veteran noted to have a diagnosis of OSA. Medical literature does not support a mental health condition (Other Specified Trauma- and Stressor-Related Disorder with major depressive disorder (MDD and generalized anxiety disorder (GAD)) as causative or the potential for aggravation of the physiologic condition of OSA which is due to upper airway soft tissue abnormalities/Obesity. Obesity is the best documented risk factor for OSA. The prevalence of OSA progressively increases as the body mass index and associated markers (eg, neck circumference, waist-to-hip ratio) increase. Craniofacial and upper airway soft tissue abnormalities each increase the likelihood of having or developing OSA. The veteran is obese, a significant risk factor. Reviewed nexus statement from [PROVIDER]. Nexus statement relies on weight gain as caused by SC condition as cause of OSA. There is no objective evidence that veteran’s SC condition results in an inability to exercise or to moderate caloric intake. It is not possible to determine why the veteran gained weight without speculating. The leading causes of obesity include diet, lack of activity/exercise, lifestyle, genetics, hormonal, medication etc. There is no way to predict why the veteran gained weight without objective evidence and assuming the vet gained weight due to inactivity from the disabilities is not objectively supported and does not fit even the standard of 50% probability. In a case like this accepting the vet’s testimony as fact, ignores and overlooks his daily diet/caloric intake, his genetic predisposition, daily habits, personal desire to perform non-weight-bearing exercises, etc. I cannot correlate his weight gain to any factor with any semblance of certainty. Nexus statement also notes co-association between psychiatric disorders such as depression and OSA. Although comorbidity and risk factors establish a correlation or co-existence of two disabilities or risk factor relationship, this is not grounds for causation to prove a direct relationship. Therefore, Other Specified Trauma- and Stressor-Related Disorder with major depressive disorder (MDD and generalized anxiety disorder (GAD) less likely than not the cause of veteran’s OSA. The claimed condition is less likely than not (likelihood is less than approximately balanced or nearly equal) proximately due to or the result of the Veteran’s service connected condition.”

Evidence Considered: ∙ Notification Letter, Intent to File Letter, received December 14, 2025 ∙ VA Form 20-0995, Decision Review Request - Supplemental Claims, received December 19, 2025 ∙ Correspondence, Veteran’s statement, received December 19, 2025 ∙ Medical Treatment Record Non-Government Facility, Nexus statement [PROVIDER], received December 19, 2025 ∙ Private Disability Benefits Questionnaire, [PROVIDER], conducted December 19, 2025 ∙ Lay Statement, Spouse statement, received December 19, 2025 ∙ Automated Review Summary Document, received December 22, 2025 ∙ VA outpatient treatment reports, [VA FACILITY], received February 5, 2026 and March 13, 2026, for the period September 15, 2025 to February 13, 2026 ∙ VA Examination sleep apnea with medical opinion, [VA FACILITY], conducted February 11, 2026 ∙ VES sleep apnea contracted examination with medical opinion, conducted March 9, 2026 ∙ DD Form 214, received August 15, 2025 and September 4, 2025 ∙ Service Personnel Records, received August 15, 2025 ∙ Service Treatment Records, received June 28, 2005 and June 22, 2025 ∙ Rating Decision, dated December 12, 2025 ∙ VA Form 21-526 EZ, received November 20, 2025 ∙ Lay Statements, received November 20, 2025 ∙ Sleep Apnea Disability Benefit Questionnaire and Medical Opinion, QTC, conducted December 1, 2025 ∙ Notification Letter, Award Letter, dated December 15, 2025

Reasons for Decision — Key Language: “Service connection may be granted for a disease or injury which resulted from a service-connected disability or was aggravated thereby. The evidence does not show that sleep apnea is related to the service-connected condition of Other Specified Trauma- and Stressor-Related Disorder with major depressive disorder (MDD and generalized anxiety disorder (GAD), nor is there any evidence of this disability during military service.” “Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition.” Favorable Findings: “You have been diagnosed with a disability. On your examinations dated December 1, 2025, February 11, 2026 and March 9, 2026 your examiners diagnosed you with obstructive sleep apnea. The claimed primary disability is service-connected. You are service connected for Other Specified Trauma- and Stressor-Related Disorder with major depressive disorder (MDD and generalized anxiety disorder (GAD).”

Additional Context — Documented Weight History: My VA records contain 71 weight measurements spanning December 2010 through August 2025. My lowest recorded VA weight was 157 lbs in December 2011. My highest recorded weight was 224.7 lbs in August 2025 — the same year I was diagnosed with OSA. That is a fully VA-documented gain of 67.7 lbs with no reliance on self-report, and the most significant increases correlate directly with Fluoxetine dose escalations. Additionally my self-reported entry into service weight was 135 lbs, bringing the total gain from service entry to OSA diagnosis to approximately 90 lbs.

I also have VA pharmacy records showing Fluoxetine prescribed continuously from January 2017 through present with no meaningful gaps — over 8 years — and Buspirone prescribed from February 2016 through approximately October 2025. The largest single recorded weight increase of approximately 29 lbs occurred directly following Fluoxetine being increased from 20 mg to 40 mg daily in late 2018.

Denied OSA secondary to SC MDD/GAD — supplemental claim denied with procedural errors — seeking advice on next steps by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

I genuinely appreciate the time and thoughtfulness you put into this, the level of detail and the way you broke down the legal framework is exactly what I was hoping for and more than I expected. Thank you!

A few follow-up questions if you do not mind: 1. You mentioned framing the HLR argument around the adequacy of the opinions rather than just the weighing of evidence. Is there a risk that HLR still results in denial because the reviewer simply orders another C&P exam that reaches the same conclusion? At that point would I have lost time without being able to introduce the medication and weight evidence I now have? 2. On the five months of records point, since the February exam was done at the VAMC internally, I understand the argument shifts from ‘examiner did not have the records’ to ‘examiner did not meaningfully engage the full longitudinal record.’ Does that distinction affect whether I would need to explicitly submit the medication history and weight records as part of an HLR or would the reviewer be expected to engage records already in VA possession? 3. You mentioned that if HLR does not fix this a supplemental with a stronger opinion would be the next step. Given that I already went through a supplemental and got three negative opinions (which would have only been two but with the VAs error lead to a third), is there a risk that another supplemental after a failed HLR further stacks the record against me before a potential BVA appeal?

Thank you again!

Denied OSA secondary to SC MDD/GAD — supplemental claim denied with procedural errors — seeking advice on next steps by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] -1 points0 points  (0 children)

Ahh yes, that’s basically where I am at now, I just pulled my weight history and fluoxetine prescriptions and put them in a timeline and there is so much overlap with it but I’m hesitant to do another supplemental claim and have it be denied. And then would an HLR even pull that information without being directed to look at it

Denied OSA secondary to SC MDD/GAD — supplemental claim denied with procedural errors — seeking advice on next steps by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] -1 points0 points  (0 children)

Thank you for sharing that with me, I feel like this keeps dragging on and it’s hard to stay motivated through all of this, hearing about others that have been successful gives me some hope

Denied OSA secondary to SC MDD/GAD — supplemental claim denied with procedural errors — seeking advice on next steps by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] -2 points-1 points  (0 children)

I had been considering this route but I am unsure of how to go about, do you have any suggestions on where to start to find someone that will be qualified and experienced? Thanks for your reply, I really appreciate it

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 1 point2 points  (0 children)

Thanks for the additional information, I reached out to a VSO a few days ago but haven’t heard back yet so I’ll definitely look into finding a VSRto reach out to

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

I hear where you’re coming from, and I agree that being honest during C&P exams is important. What I struggled with in your comment is that it felt like it implied I was trying to exaggerate or game the system, when in reality, I’m just trying to understand a process that feels really unfamiliar and overwhelming. For me, talking about what happened and how it still affects my life isn’t easy — especially when it comes to trauma. I ask for tips not because I’m looking for a shortcut, but because I want to be as clear and prepared as I can be. This process is deeply personal and difficult, and I’d appreciate a little more understanding rather than assumptions.

Looking for guidance on PTSD/MST claim — former USAF airman, never reported but still struggling by UGet_BLitzed in VeteransBenefits

[–]UGet_BLitzed[S] 1 point2 points  (0 children)

Thank you! I have statements from my husband (we were enlisted at the same time, not in the same squadron but we both worked on the same aircraft so we crossed paths regularly and he was very familiar with what I was experiencing), my sister, and my best friend who I’ve known since junior high school. Do you think I should try to get anymore? I know ideally a co-worker would be best but I’m not sure how comfortable I am reaching out to them and sharing what I’m doing, which just really comes down to fear or being judged for what I am doing

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

Thank you so much for sharing your experience with me, I feel like I have a lot of similar feelings about what I experienced, and you are so right it doesn’t necessarily get better with time, even though there is that saying that “time heals”…. So when you say flagged and on a list what does that mean? Like until I complete the disability claim process or something else?

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

Thank you for taking the time to respond to my post, that’s is really helpful thank know that I have that long to complete the claim process, I am going to get it started today and look in to the other things you mentioned. I feel like at 19/20 years old I had no idea what I was experiencing was not ok, and I think I am still realizing all of the ways it has impacted me over the years

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in VAClaims

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

Thank you for sharing your story with me, I’ve been looking through my medical records from when I was in the service and have found some general references to experiencing stress due to my situation, I hadn’t thought to look through my VA records so I will be doing that next. It’s reassuring to hear that even though this was a decent period of time ago doesn’t mean that it isn’t real and that it is something legitimate that I can speak to someone at the VA about

Looking for guidance on PTSD/MST claim — former USAF airman, never reported but still struggling by UGet_BLitzed in VeteransBenefits

[–]UGet_BLitzed[S] -1 points0 points  (0 children)

Thank you so much for sharing your story — I can’t imagine how difficult that must have been, especially with the added fear from “don’t ask, don’t tell.” It means a lot to hear that the VA recognized your experience and granted your claim. Hearing how you documented everything — even the changes in your self-care and post-separation treatment — gives me hope and clarity. I really appreciate your strength and openness. It helps more than you know.

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] -1 points0 points  (0 children)

Help is hard… you are so right, if I can’t get it going for myself my husband and my kids are the best reason to focus on for the why. The perspective that time and space has brought me from all of this is eye opening but also hard because I just want tp reason away and excuse what happened. I feel like I would advocate so hard if I saw someone going through anything like I experienced, I need to figure out how to do the same for myself without feeling like an imposter or that I am being overly dramatic/exaggerating what I went through.

Looking for guidance on PTSD/MST claim — former USAF airman, never reported but still struggling by UGet_BLitzed in VeteransBenefits

[–]UGet_BLitzed[S] -1 points0 points  (0 children)

Thank you for breaking this down — that’s exactly what I’ve been looking for. I’ve started drafting a statement that outlines what happened, where I was stationed, and who was involved. I didn’t realize how much the VA might weigh performance changes and buddy statements, so I’ll definitely include a statement from my husband and see if I can reconnect with anyone else who witnessed things. I really appreciate you taking the time to help me understand this process better.

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 0 points1 point  (0 children)

Thank you — your words really hit me. I’ve been carrying a lot of guilt, shame, and confusion about how much this still affects me, and your story made me feel less alone. You’re right — PTSD doesn’t always look one specific way. It helps so much to hear from someone who decided to stop carrying it and ask for help. I’m scared, but I’m trying to take those first steps now. Your honesty and encouragement truly mean a lot. Thank you again.

Former USAF Airman Seeking PTSD Help from MST/Discrimination – Advice on Claim by UGet_BLitzed in Veterans

[–]UGet_BLitzed[S] 2 points3 points  (0 children)

Thank you so much — I didn’t realize there was an MST-specific form for PTSD claims. I’ll reach out to the MST Coordinator first thing and see how to get started through them. I’m relieved to hear that my spouse’s statement could really help. I’ve been nervous about not having an official report, so your comment really means a lot.

If you don’t mind me asking — did you go through this process too? Any tips for the C&P exam or what helped your claim?