service connection for sleep apnea is granted

A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 2 0 obj We can helpreach out so we can show you how. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Without a CPAP machine, the VA assigns a 30% rating. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 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. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. endstream endobj startxref Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Whats the VAs Problem with Sleep Apnea? Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. In order to help you with your secondary claim, we have put together this Insiders Guide! Making the Sausage: Heres what you need to know about new VA Claims regulations. The transmission of an email request for information does not create an attorney client relationship. This is described as being foggy by patients. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I understand you want your VA claim to be done as quickly as possible. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Dear Mr Attig: Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Its almost as much work and it can often take as much dedication. Second example.lets say the veteran has service connection for PTSD. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Allergies or sensitivities to foods, odors, chemicals, or noise. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. And that means you are going to have to think through your sleep apnea claim. NOW ITS YOUR TURN. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Headaches which are new or have become worse. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. YEP!!! Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Were Veterans, just like you, whove learned how to navigate within the VA system. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? And that means you are going to have to think through your sleep apnea claim. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. I have had cardiomegly X-rays while on active duty. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. we represent clients nationwide. The VA classifies Sleep Apnea as a disability for which compensation is granted. The VA uses two options for rating most sleep apnea claims. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Both sinusitis and rhinitis are linked to sleep apnea. * Can Agent Orange cause Sleep Apnea? Its an entirely different thing to mix those ingredients so that they turn into a cake. Did the VA Benefit of the Doubt Rule just disappear? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Our firm was founded in 1986 in Orlando, Florida. 3. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 To find the definitive guide for service-connection for sleep apnea, check it out here. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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. Winning a VA Sleep Apnea is much harder. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. 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 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Viet Nam Vet. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. If you are lucky, you start breathing again. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. If you are hurt at work, this is the firm you want on YOUR side. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. put your Sleep Apnea Claim together right. fight to get their sleep apnea service-connected. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. This field is for validation purposes and should be left unchanged. 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. %PDF-1.4 % Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Youre arent alone. VA Claims insider is an education-based coaching/consulting company. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Thousands of other Veterans in our Community are here for you. No current sleep study within the last 12 months, #2. 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. The BEST Path to Proving 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. How to File a Claim on VA.gov (step-by-step)! 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. 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 read hundreds of cases. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Theres lots of literature available to back it up. Thousands of other Veterans in our Community are here for you. I believe the two are connected. Even if youve been denied before, its not too late! Worsening of symptoms after activities. This field is for validation purposes and should be left unchanged. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). I spent nearly a yearresearching Veterans and their Sleep Apnea claims. The question raised in this case is whether this "intermediate step" is limited to . My emphysema is connected. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Hot Dogs for Heroes 4th of July Event This Thursday! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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.. 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.. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Just had C& P exam for sleep apnea. Department of Veterans Affairs Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 I tried going it alone and the insurance carrier pushed me around. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Copyright 2023 VA Claims Insider, LLC. See our tips on how to obtain a credible nexus letter. Learn how your comment data is processed. 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. 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. This is a great group of people who really care about your well being. 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. Has camp Lejeune exposures been linked to sleep apnea? 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Favorable BVA Case Law Precedent Example #2: 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). injury case. 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. Do You Owe Your Severance Pay Back to the VA? They denied extra physical therapy. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. 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. There are three types, obstructive, central, and mixed. 7 0 obj Its one thing to give you the ingredients for a chocolate cake. Physical therapy can be given to help maintain and improve mobility. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. How to Hire an Attorney For Your VA Claim or Appeal. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. I also have central and obstructive sleep apnea which has been denied service connection. VA claim for sleep apnea denied? In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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! application/pdf Keep up the great work, and remember, the only way to lose is to give up! * 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). You can lose a kidney, and live a full and complete life. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Winning a VA Sleep Apnea is much harder. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 When I turned my case over to Jason things turned around, QUICK. I dont know if Im authorize a second run at the DRO or go straight to BVA. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. 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. * 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. 1 0 obj *To prove your Sleep Apnea is service connected without a sleep study in the military? uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Yi-bR :z>r6iFR lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg But if your body cannot get sleep, you will die. 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. Template for processing Decision or Remand This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. For doing an awesome job. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Otherwise, I would properly ended up in mental health facility or going insane!!! Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. . The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. 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 HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. 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. How to Get a 100 Percent VA Rating (if deserved)! They denied injections the doctor recommended to ease my pain. The VA uses two options for rating most sleep apnea claims. While we still have our home base in Florida, 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. Tender lymph nodes usually in the neck and underarms. I stated on my retirement physical that I sometimes have trouble sleeping at night. Digestion issues like IBS (irritable bowel syndrome). hTOo0| This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Want More Information about VA Sleep Apnea? Contact Us Learn how your comment data is processed. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. about the threat of COVID-19 I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. 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. Required fields are marked *. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Excessive daytime sleepiness is the most noticeable signal for those who live alone. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. 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. 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 Nexus is simply a connection or series of connections linking two or more things. How you mix them is the hard part. Its over 165 pages long, and took 9 months of research. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. See id. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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.