Denied Disability Claim for Sleep Apnea

Jim, I retired in 2011 with 22 active duty yrs of service. I then applied for VA disability and received a 90% rating. They denied my Sleep Apnea when I originally applied for disability on the grounds that there was no complaints or history of sleep apnea in my military records. I then sent them records from my primary care Doctor showing previous complaints during my active duty. They sent me a denial saying I do have sleep apnea but still didn't have any links to my military duty. I have now filed a (NOD) notice of disagreement. I added a statement from myself stating I joined the military without sleep apnea, I had and showed complaints of sleep while I was in the military after coming back from an Iraqi Freedom tour. I added a copy of the positive results from a sleep apnea study from the hospital. I also included a witness Statement from my Primary Care Doctor who treated me stating the dates of my previous complaints of trouble sleeping. It's been almost 5 yrs fighting with the VA on this claim and I'm not sure if I should hire a lawyer with all the evidence I got and let a judge decide. What do you suggest? Thank You. 
 
Jim's Reply: The VA is scrutinizing Obstructive Sleep Apnea (OSA) claims very carefully these days. They deny most claims. I suppose the reason is obvious; many veterans apply because of the relatively high 50% rating. To properly comment on your situation I'd have to know the date (month/year) you were discharged. Then I'd need to know the date of the first diagnosis of OSA that appears in any medical record. That you joined the military w/o OSA has no bearing on the claim. All of us were presumed healthy and fit to serve then. What will matter most is whether or not your service medical record shows any mention of OSA and the date of the diagnosis of OSA once you became a veteran.