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Q835: I have been denied both tinnitus and sleep apnea because my service records was not listed in my medical records. My Army service is from 1965 to 1970 in the Vietnam area. Sleep apnea was not known until 1980 and tinnitus after that day. Does any one have convincing decisions to how to resolve this issue?
A1: To get service connected for something, you have to meet the rule of three: In-service occurrence (something in your service treatment records), a current diagnosis (dx), and a link or nexus between your current dx and your in-service occurrence. You can also get service connected secondary to a service connected disability. and a few others. If you had a disability manifest w/in a year of separating from service and it rates @ 10% or more, you can be serviced effective back to your date of separation. (DS) 3/7/22
A2: The best way to attack a claim for sleep apnea which was prior to its discovery it to use lay statements. If you can get people you worked with in the military to address your "symptoms" this could aid in identifying the problem in service.
For instance, a direct supervisor writes a letter stating that it appeared you were constantly tired and fell asleep on the job on more than one occasion.
Another could testify that you snored like a bull moose while you were both assigned to open bay dorms.
Your family members and your spouse could also write letters explaining how this is a recurrent issue from the past.
You would attack tinnitus the say way. First, identify your MOS and make sure they know it was a high noise environment.
Second, identify a particular incident which was the start of the problem. For me, it was a flash bang which was thrown into the bunker I was inside.
Third, obtain support letters which testify about your constant complaint about the ringing or they testify about seeing your starting incident.
I hope this helps. (RJ) 3/7/22
A3: That's the VA common denial for a lot of disabilities no record in you STR, Service Treatment Records, their other is no link between your Military Service and the disability. If I was able to read your decision letter than I would have a better idea on how to continue your claim. I would probably file a 10182 for a hearing and go before a judge. (GR) 3/7/22