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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. * Can I service connect sleep apnea without a sleep study in service? YEP!!! uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Winning a VA claim to service connect sleep apnea is hard. Estimate your 2023 VA Rating & Compensation for FREE! 2023-03-04T21:20:56-05:00 (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. If you need assistance in appealing your claim for CFS,let us know here! I talked to several doctors and sleep experts. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. I have sleep apnea and emphysema. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Andmy sleep study was not done in the military.. Required fields are marked *. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 You're not alone. Its one thing to give you the ingredients for a chocolate cake. 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. I cannot recommend Jason and his staff enough. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Worsening of symptoms after activities. 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. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Veterans Benefits Network-Sleep Apnea secondary to Service Connected If you are lucky, you start breathing again. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Your first step is to be absolutely sure about what type of apnea you have. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. The most trusted name in education-based resources for Veterans. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Instead, the leading cause of sleep apnea is weight gain. No current sleep study within the last 12 months, #2. Weight gain can be tied to several different conditions. VA Disability for Sleep Apnea: Proving Service Connection See R. at 8-9. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Dear Mr Attig: Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Your airway narrows and closes, leading to pauses in the breathing cycle. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. VA Claims insider is an education-based coaching/consulting company. If you continue to use this site we will assume that you are happy with it. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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). 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. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. My sleep apnea is worsened when I lie on my back and I still have loss of breath. I believe the two are connected. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. How to File a Claim on VA.gov (step-by-step)! The same can be said about service-connected mental health conditions. 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! Was your obstructive sleep apnea (OSA) VA claim denied? Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. If you use a CPAP machine, then this should warrant a 50% rating. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. How can you learn more about these things? Of course, I dont give legal advice on the Veterans Law Blog. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Hepatitis C also causes insulin resistance. . yet assertive representation for our clients. Copyright 2023 VA Claims Insider, LLC. I cannot get the sleep apnea connected. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. we represent clients nationwide. Winning a VA Sleep Apnea is much harder. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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 have a diagnosis and a CPAPwhy arent they granting my claim?. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. You are going to have to get a LOT of 5-Star Evidence. Service-Connected Sleep Apnea VA Claim | Strategic Veteran <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> She has always had a passion for helping others and found inspiration from those she cared for. To find the definitive guide for service-connection for sleep apnea, check it out here. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Your voice is important especially when it comes to your own health care. By doing this your claim will have the best chance possible. You can subscribe to his Veterans Disability channel on YouTube. Its over 165 pages long, and took 9 months of research. This means they make their claim without providing much proof. This field is for validation purposes and should be left unchanged. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the It only took three months. 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. 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. You are going to have to think through your case as objectively as you possibly can. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream See our tips on how to obtain a credible nexus letter. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability There are 3 ways to get it: Chris, Make sure to have your sleep study done. But most veterans are not service-connected for this sinus condition. However, the VA. How to Get a 100 Percent VA Rating (if deserved)! b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p I have tried to connect OSA secondary to chronic sinusitis which has also been denied. I believe that the VA and BVA do not take Sleep Apnea seriously. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Honestly, they are just saying it. Is Sleep Apnea Could Be a Service-Connected VA Disability? For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Need a C&P exam for sleep apnea secondary to PTSD? At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. You can lose a kidney, and live a full and complete life. * Damage to the brain from a TBI (Traumatic Brain Injury). I stated on my retirement physical that I sometimes have trouble sleeping at night. FREE tips for Veterans to stay PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Like researchers that have been searching for the Holy Grail the harder they look, the less they find. endobj Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Excessive daytime sleepiness is the most noticeable signal for those who live alone. See our article Burn Pit Presumptive Conditions. And that means you are going to have to think through your sleep apnea claim. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. Save my name, email, and website in this browser for the next time I comment. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 1 0 obj Youll need to make the call on direct service connection versus secondary service connection. Learn more about us, Veterans Disability Claim The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. In order to help you with your secondary claim, we have put together this Insiders Guide! You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. They denied injections the doctor recommended to ease my pain. VA Disability Ratings for Sleep Disturbances | CCK Law See you on the inside! In my book Put it to Rest! *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. sleep apnea is not the kind of disability associated with a wounded warrior. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v When I turned my case over to Jason things turned around, QUICK. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Take advantage of a FREE VA Claim Discovery Call. Not presumptively. You cut off oxygen to the brain and blood, and other body systems break down. Anxiety and depression can interfere with sleep patterns. about the threat of COVID-19 and Coronavirus. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. The VA uses two options for rating most sleep apnea claims. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. THANK YOU AGAIN. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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 filed NOD in early 2017 request an informal DRO. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Learn how your comment data is processed. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Has camp Lejeune exposures been linked to sleep apnea? I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. 67 0 obj <>stream hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. <>stream I have also had a stroke. These pauses can happen several times an hour when the apnea is severe. 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.. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. BVA Decision This is in order to be officially diagnosed. Please call for an appointment before visiting: Mail Processing Center: P.O. Unfortunately, VA does not always apply the law correctly. Headaches which are new or have become worse. However, most of the time, sleep apnea is a secondary claim. Were Veterans, just like you, whove learned how to navigate within the VA system. The VA uses two options for rating most sleep apnea claims. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Are you a veteran who suffers from sleep apnea? Hence, the weight gain. I have sleep apnea diagnosed by the VA sleep study. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. 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. <>stream Viet Nam Vet. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Camp Lejeune Lawsuit.

Vpso Jail Inmate's, Service Connection For Sleep Apnea Is Granted, 2 Bedroom House For Rent Roanoke, Va, Libra Sun Scorpio Venus Compatibility, Articles S