FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. * The importance ofamedical expert opinion in your Sleep Apnea claim. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Since there is no cure for CFS the treatment focuses on relief of the symptoms. I recd another denial (3rd) Jun 30, 2017. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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. However, if you use one, it does provide you with a higher rating. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Want More Information about VA Sleep Apnea? 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. * 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Copyright 2023 VA Claims Insider, LLC. 3. * WHAT evidencetouseandwhich path to Service Connectionto use. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. San Jose, CA: 2880 Zanker Road, Ste. I cannot recommend Jason and his staff enough. But if your body cannot get sleep, you will die. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Viet Nam Vet. I have sleep apnea and emphysema. * Can I service connect sleep apnea without a sleep study in service? The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. Any advice on getting sleep apnea service connected? Since that time, we have provided compassionate Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Both anxiety and depression can also be linked to sleep apnea. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. 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. You're not alone. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 2023-03-04T21:20:56-05:00 . Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. 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. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. VA Claims insider is an education-based coaching/consulting company. 8 0 obj See our tips on how to obtain a credible nexus letter. 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. 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). Both sinusitis and rhinitis are linked to sleep apnea. 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. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. It's almost as much work - and it can often take as much dedication. Save my name, email, and website in this browser for the next time I comment. Unfortunately, VA does not always apply the law correctly. Local Wounded Veterans Gifted with Opportunities to Go Fishing. application/pdf FREE tips for Veterans to stay 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. Not presumptively. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. You're not alone. These pauses can happen several times an hour when the apnea is severe. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. There are three types, obstructive, central, and mixed. endstream endobj startxref endstream Youre arent alone. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 And you are going to have to presentit neatly andpersuasivelyto the VA. Thousands of other Veterans in our Community are here for you. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. The rate was a staggering 22%. Its one thing to give you the ingredients for a chocolate cake. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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! Nexus is simply a connection or series of connections linking two or more things. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. In my book Put it to Rest! Hepatitis C also causes insulin resistance. If you use a CPAP machine, then this should warrant a 50% rating. As a fellow disabled Veteran this is shameful and Im on a mission to change it. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Is Sleep Apnea a Disability? A Guide for Veterans This may be even easier for you now because of a new VA new rule as of August 2, 2021. How to Hire an Attorney For Your VA Claim or Appeal. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). And that means you are going to have to think through your sleep apnea claim. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Also see our post What is a Service-Connected Disability? Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 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. 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Even if youve been denied before, its not too late! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Youll need to make the call on direct service connection versus secondary service connection. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. We would be happy to talk to you. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Camp Lejeune Lawsuit. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. Which primary disabilities make the best claims for secondary service connection of sleep apnea? VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Making the Sausage: Heres what you need to know about new VA Claims regulations. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 38 0 obj <> endobj She has always had a passion for helping others and found inspiration from those she cared for. 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. BVA Decision Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. This is described as being foggy by patients. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. 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. %PDF-1.4 Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The VA uses two options for rating most sleep apnea claims. The same can be said about service-connected mental health conditions. Gulf War Illness and Presumptive Service Connection. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. I filed NOD in early 2017 request an informal DRO. A noticeable sign of obstructive sleep apnea is snoring. If you are lucky, you start breathing again. I dont know if Im authorize a second run at the DRO or go straight to BVA. Chills and night sweats as well as low-grade fevers. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 I have tried to connect OSA secondary to chronic sinusitis which has also been denied. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. injury case. Estimate your 2023 VA Rating & Compensation for FREE! I have had cardiomegly X-rays while on active duty. 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. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. * How do I appeal the VAs denial of my Sleep Apnea? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. The BEST Path to Proving Sleep Apnea is Service Connected. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. 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. 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. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. VA Disability Ratings for Hypertension and Sleep Apnea Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. VA Disability for Sleep Apnea: Proving Service Connection This is a great group of people who really care about your well being. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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 Learn more about us, Veterans Disability Claim There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty.
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