*A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Source: Department of Veteran Affairs Regional Office New Orleans, LA. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Our firm was founded in 1986 in Orlando, Florida. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. There are 3 ways to get it: Chris, No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. fight to get their sleep apnea service-connected. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Proving Service-Connection for Sleep Apnea - VA Claims Insider Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Winning a VA claim to service connect sleep apnea is hard. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. The question raised in this case is whether this "intermediate step" is limited to . In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. (In many cases, amedical expert report or opinion may be crucial to success). History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). Below is the schedule for rating disability for Chronic Fatigue Sundrome. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 BVA Decision Battle of DUAL-EXPERTS Chris, you called it!!! This is a great group of people who really care about your well being. Your email address will not be published. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v I have had cardiomegly X-rays while on active duty. SvKve5.YmPE}=;vpb -GW2RN You cut off oxygen to the brain and blood, and other body systems break down. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. and Coronavirus. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Making the Sausage: Heres what you need to know about new VA Claims regulations. Theres lots of literature available to back it up. This may be even easier for you now because of a new VA new rule as of August 2, 2021. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. about the threat of COVID-19 The same can be said about service-connected mental health conditions. Its an essential piece of evidence. Is Sleep Apnea Could Be a Service-Connected VA Disability? Gulf War Illness and Presumptive Service Connection. Learn more about us, Veterans Disability Claim Favorable BVA Case Law Precedent Example #2: He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Unfortunately, VA does not always apply the law correctly. Estimate your 2023 VA Rating & Compensation for FREE! There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Below is the schedule for rating . VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Physical therapy can be given to help maintain and improve mobility. No current sleep study within the last 12 months, #2. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. * Damage to the brain from a TBI (Traumatic Brain Injury). Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. * What if it wasnt diagnosed until years after service can I service connect it then? LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. 67 0 obj <>stream Keep us posted Im eager to hear how it turns out! Many veterans receive wrongful denials when they apply for service connection for sleep apnea. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. I cannot recommend Jason and his staff enough. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. You can lose a kidney, and live a full and complete life. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ How to Hire an Attorney For Your VA Claim or Appeal. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Making the Sausage: Heres what you need to know about new VA Claims regulations. YEP!!! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). endobj sleep apnea is DEADLY, my brother in law went out CAMPING. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Thousands of other Veterans in our Community are here for you. Your airway narrows and closes, leading to pauses in the breathing cycle. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. I have also had a stroke. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Your email address will not be published. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. You DESERVE a HIGHER VA rating.WE CAN HELP. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. 38 0 obj <> endobj This is where I come in. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. hTOo0| 8 0 obj These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. How is Chronic Fatigue Syndrome Diagnosed? Winning a VA claim to service connect sleep apnea is hard. They denied extra physical therapy. I have a diagnosis and a CPAPwhy arent they granting my claim?. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If you are hurt at work, this is the firm you want on YOUR side. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. I have sleep apnea diagnosed by the VA sleep study. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Digestion issues like IBS (irritable bowel syndrome). For doing an awesome job. VA Disability Ratings for Hypertension and Sleep Apnea .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Learn how your comment data is processed. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. put your Sleep Apnea Claim together right. As this represents a total grant . Dont make the mistake so many other veterans have. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Microsoft Word 2010 Was your obstructive sleep apnea (OSA) VA claim denied? This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Were Veterans, just like you, whove learned how to navigate within the VA system. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a * WHAT evidencetouseandwhich path to Service Connectionto use. However, if you use one, it does provide you with a higher rating. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. % And you are going to have to presentit neatly andpersuasivelyto the VA. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Whats the VAs Problem with Sleep Apnea? Otherwise, I would properly ended up in mental health facility or going insane!!! Youre arent alone. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Sounds easy enough, right? The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Did the VA Benefit of the Doubt Rule just disappear? There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. We can helpreach out so we can show you how. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). You're not alone. Wc%X$(:ss!LCO^?4d *$ Chris, thank you for the posts and training videos you are providing to veterans. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Service-Connected Sleep Apnea VA Claim | Strategic Veteran 38 U.S.C.A. Since that time, we have provided compassionate Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). See our article Burn Pit Presumptive Conditions. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. . In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Of course, I dont give legal advice on the Veterans Law Blog. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. * Can I service connect sleep apnea without a sleep study in service? Do I Need a CPAP Machine to be Service-Connected? Department of Veterans Affairs Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Viet Nam Vet. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV However, most of the time, sleep apnea is a secondary claim. 203, San Jose, CA 95134 All Rights Reserved. She has always had a passion for helping others and found inspiration from those she cared for. endstream endobj startxref Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Learn how your comment data is processed. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> <>stream Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. * How do I appeal the VAs denial of my Sleep Apnea? For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. FREE tips for Veterans to stay Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Without a CPAP machine, the VA assigns a 30% rating. Template for processing Decision or Remand I tried going it alone and the insurance carrier pushed me around. How to Hire an Attorney For Your VA Claim or Appeal. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. caused or made worse by your active duty military service OR. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. The rate was a staggering 22%. But remember the ultimate goal to win your VA disability compensation claim. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Board of Veterans' Appeals *To prove your Sleep Apnea is service connected without a sleep study in the military? Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Your voice is important especially when it comes to your own health care. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Both anxiety and depression can also be linked to sleep apnea. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. 3. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). Honestly, they are just saying it. 2023-03-04T21:20:56-05:00 Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. Sleep Apnea in Gulf War Veterans - Public Health sleep apnea is not the kind of disability associated with a wounded warrior. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. It is the only thing that kept in the fight and especially it keeps sane and focus. If you are lucky, you start breathing again. See you on the inside! Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. We cant possibly cover each of those and the ways to service connect all of them in this one article. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Getting Veterans (VA) Disability for Sleep Apnea | CCK Law * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 2020 Strategic Veteran All Rights Reserved. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Hepatitis C also causes insulin resistance. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea.
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