Question on Sleep Apnea Requiring CPAP and new NDAA Guidance for DoD Ratings

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MBSgt	Question on Sleep Apnea Requiring CPAP and new NDAA Guidance for DoD Ratings		Lead	[-]
VBNer Posts: 53 02/26/08 22:49:53	Hey Mike, With that info you just posted for Jack444 about the clear guidance for DoD ratings in the 2008 NDAA, how does it impact Obstructive Sleep Apnea with CPAP machine? And if it doesn't impact this diagnosis, why not? What gives the various military branches the legal right to depart from the new federal guidance when it comes to Sleep Apnea? What if a military doctor was to say the condition precludes deploying. Without CPAP the patient's health will be permanently and seriously affected. Member suffers from comsiderable industrial impairment from this problem. This Sleep Apnea makes the member unable to reasonably perform the duties of his office, grade, rank, or rating. The condition would only cause unnecessary risks to the patient and other service members. And finally, it would impose unreasonable requirements on the military to maintain or protect the member. In your opinion, if competent medical authority wrote these statements, would it require DoD to honor the VASRD, as they should, when it comes to Sleep Apnea requiring CPAP? Thanks, MBSgt
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maparker		#1	[url]	[-]
Posts: 492 02/26/08 23:58:26	It definitely impacts the ratings for sleep apnea as DoD must now rate per the VASRD and not their substitute criteria. Unfitting sleep apnea requiring a CPAP will be rated at 50% per VASRD criteria vice 0% per DoDI 1332.39 criteria. That being said, DoD still has pretty much unilateral discretion in deciding if the sleep apnea is unfitting or not. Now that they have to retire a person with unfitting sleep apnea w/CPAP vice sepaarate them, I suspect then number of service members found unfit under this circumstance will drop like a stone. If those words apeared in the MEB, it would be compelling that the individaul should not deploy anywhere w/o the CPAP and reliable power but that it to itself would not make the individual unfit across the board, it would just limit their assigment possibilities. This is what happened to me for another condition. Fit but can't deploy. Mike
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kstein94		#2	[url]	[-]
Posts: 12 02/27/08 00:30:39	Are the PEB's looking at the industrial affect of the sleep apnea without the CPAP or the industrial impairment having the CPAP? If the CPAP actually serves its purpose, then technically nobody would ever be found "Unfit" if it based solely on industrial impairment. Without my CPAP for half of one night due to a recent power outage turned me into a blooming idiot. I couldn't keep a straight thought or focus on anything and felt like garbage the entire day and I was extremely grouchy. I can however, function close to normal after having my CPAP for the full night. It has gotten worse recently so I am seeing my sleep specialist for another sleep study to check that my CPAP settings are high enough. Last Edited By: kstein94 02/27/08 00:36:48. Edited 1 time.
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JADMP		#3	[url]	[-]
Posts: 269 02/28/08 15:05:10	Theywere looking at the impact with the CPAP, both for the fitting question and for rating. Now, they are required to measure the unfitness, regardless of CPAP, but once unfit, they have to rate at least 50%. Jason "I am not providing legal advice, only information. An attorney client-relationship will only be formed by agreeing to such a relationship in writing. Consult a qualified attorney if you have questions." Physical Evaluation Board Forum
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surfer495		#4	[url]	[-]
Rookie VBNer Posts: 15 03/20/08 17:10:35	So, before I understood if you required a CPAP that would get you 50% for VA, and the military 0%. Are they looking at the degree of your condition or just if you need the machine? How long has this new reg been in effect? My MEB is getting ready to go to the PEB any day now. Will I be effected by the new rules?
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maparker		#5	[url]	[-]
Posts: 509 03/20/08 17:53:42	The military will assess the impact of the condition, and the medicines and devices used to treat it,on your fitness. If they find you unfit, they will now have rate you per the VASRD rather than DoD criteria of the past. Mike
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JADMP		#6	[url]	[-]
Posts: 282 03/20/08 22:50:21	It is a two step process in the military. First, you will be looked at for the Sleep apnea's impact on your duty performance. If there is no significant impact, then you will be found fit (and thus no rating). If you are unfit, you will be rated on the criteria. For OSA, use of CPAP equals 50%. Jason "I am not providing legal advice, only information. An attorney client-relationship will only be formed by agreeing to such a relationship in writing. Consult a qualified attorney if you have questions." Physical Evaluation Board Forum
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bmcsgonzales	Obstructive sleep apnea	#7	[url]	[-]
Rookie VBNer Posts: 1 05/10/08 21:58:53	The VA made 2 sleep studies on me at 2 different hospitles. Both test conferm I had sleep apnea requiring a CPEP. In the Navy working 18 to 20 hours a day did not give you time to complain about sleep. I received two disiblities of 40% and combat related. I had no documention, now I am working on sleep apnea that they say the statments do not justafy my condition and I been out for 12 years and they say its not related. What should my documents have to convence the Bord of Veterans Appeals that it is service connected. Thanks Richard bmcsgonzales@yahoo.com
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Question on Sleep Apnea Requiring CPAP and new NDAA Guidance for DoD Ratings

Question on Sleep Apnea Requiring CPAP and new NDAA Guidance for DoD Ratings

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