Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Winning a VA Sleep Apnea is much harder. For doing an awesome job. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. A nexus letter is often the missing link in a VA claim. My emphysema is connected. 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. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. The transmission of an email request for information does not create an attorney client relationship. To find the definitive guide for service-connection for sleep apnea, check it out here. See you on the inside! I have had cardiomegly X-rays while on active duty. 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. 203, San Jose, CA 95134 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. protected, calm and informed medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). The rate was a staggering 22%. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Sleep Apnea in Gulf War Veterans - Public Health Are you a veteran who suffers from sleep apnea? Below is the schedule for rating . Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 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. 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. Thousands of other Veterans in our Community are here for you. Your email address will not be published. You can lose your arms and legs and still survive. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. How you mix them is the hard part. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. <>stream 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. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! While we still have our home base in Florida, Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. put your Sleep Apnea Claim together right. You DESERVE a HIGHER VA rating.WE CAN HELP. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. This is where I come in. about the threat of COVID-19 As a fellow disabled Veteran this is shameful and Im on a mission to change it. Is Sleep Apnea Could Be a Service-Connected VA Disability? I can teach you how to do that. I awake countless time at night due to this. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. I was diagnosed with OSA 10 years after separation. yet assertive representation for our clients. Were Veterans, just like you, whove learned how to navigate within the VA system. You can lose a kidney, and live a full and complete life. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. This is what is called the Nexus. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. I am service connected for chronic sinusitis with a 30% rating. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. Youre arent alone. I recd another denial (3rd) Jun 30, 2017. .{}p/=jyWG0j#kdLl%*~
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G(7H^1rnWI\8@I8w Second example.lets say the veteran has service connection for PTSD. 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. It is the only thing that kept in the fight and especially it keeps sane and focus. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? endobj Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. But remember the ultimate goal to win your VA disability compensation claim. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. without his BI-PAP MACHINE,one up from CPAP,which i have. Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn, how to prove your Sleep Apnea Claim the right way. This may be 20 or 30 years after the problems started. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Template for processing Decision or Remand application/pdf My sleep apnea is worsened when I lie on my back and I still have loss of breath. 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. <>stream injury case. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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/. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. This means they make their claim without providing much proof. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Has camp Lejeune exposures been linked to sleep apnea? We cant possibly cover each of those and the ways to service connect all of them in this one article. But most veterans are not service-connected for this sinus condition. about the threat of COVID-19 and Coronavirus. Is Sleep Apnea a Disability? A Guide for Veterans If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Just had C& P exam for sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Learn how your comment data is processed. Any advice on getting sleep apnea service connected? Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 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 b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N
A\c\FOl>jlh@7p 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. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. We would be happy to talk to you. 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. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. All Rights Reserved. Department of Veterans Affairs The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Proving Service-Connection for Sleep Apnea. Even if youve been denied before, its not too late! Check out the Sleep Apnea Field Manual. If you are lucky, you start breathing again. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. I believe that the VA and BVA do not take Sleep Apnea seriously. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. However, this has been thoroughly disproven. I cannot get the sleep apnea connected. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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 67 0 obj
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A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). The BEST Path to Proving Sleep Apnea is Service Connected. I did not have a va physical until about 13 years after seperation from service. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. 3. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. 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. 38 U.S.C.A. Weight gain can be tied to several different conditions. Proving Service-Connection for Sleep Apnea - VA Claims Insider Do You Owe Your Severance Pay Back to the VA? * How the VA willrate your sleep apnea condition after granting Service Connection. Hepatitis C also causes insulin resistance. * Damage to the brain from a TBI (Traumatic Brain Injury). 4 0 obj * What if it wasnt diagnosed until years after service can I service connect it then? Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 BVA Decision She has always had a passion for helping others and found inspiration from those she cared for. 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 Digestion issues like IBS (irritable bowel syndrome). Will be some time before answer but getting all the info I can. . Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. I understand you want your VA claim to be done as quickly as possible. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Service-Connected Sleep Apnea VA Claim | Strategic Veteran In order to help you with your secondary claim, we have put together this Insiders Guide! 38 0 obj
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Learn more about us, Veterans Disability Claim It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. The VA classifies Sleep Apnea as a disability for which compensation is granted. we represent clients nationwide. Allergies or sensitivities to foods, odors, chemicals, or noise. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? The same can be said about service-connected mental health conditions. 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. Battle of DUAL-EXPERTS Chris, you called it!!! VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. * WHAT evidencetouseandwhich path to Service Connectionto use. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD NOW ITS YOUR TURN. When I turned my case over to Jason things turned around, QUICK. . And that means you are going to have to think through your sleep apnea claim. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd
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Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k The most trusted name in education-based resources for Veterans. 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. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Copyright 2023 VA Claims Insider, LLC. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. A noticeable sign of obstructive sleep apnea is snoring. As this represents a total grant . I have a diagnosis and a CPAPwhy arent they granting my claim?. 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. 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Thats $901.83 a month. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 That is how I suggest you handle this situation. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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.