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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. In order to help you with your secondary claim, we have put together this Insiders Guide! Do I Need a CPAP Machine to be Service-Connected? Veterans Benefits Network-Sleep Apnea secondary to Service Connected Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. A nexus letter is often the missing link in a VA claim. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Is Sleep Apnea Could Be a Service-Connected VA Disability? Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. I talked to several doctors about the causes and limitations of sleep apnea. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Save my name, email, and website in this browser for the next time I comment. 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? 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Therefore you should be well prepared before submitting your claim. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). How to Get a 100 Percent VA Rating (if deserved)! If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This field is for validation purposes and should be left unchanged. 0 application/pdf 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. * Damage to the brain from a TBI (Traumatic Brain Injury). 201 Bankhead Highway, Carrollton GA 30117770-285-1198. See R. at 8-9. Both anxiety and depression can also be linked to sleep apnea. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ IN THE APPEAL OF . Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Headaches which are new or have become worse. 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. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law I have also had a stroke. * What if it wasnt diagnosed until years after service can I service connect it then? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Its an entirely different thing to mix those ingredients so that they turn into a cake. Physical therapy can be given to help maintain and improve mobility. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. %%EOF The VA uses two options for rating most sleep apnea claims. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. This may be even easier for you now because of a new VA new rule as of August 2, 2021. yet assertive representation for our clients. Winning a VA Sleep Apnea is much harder. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Save my name, email, and website in this browser for the next time I comment. Learn how your comment data is processed. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. 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. Check out the Sleep Apnea Field Manual. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r The most trusted name in education-based resources for Veterans. z`tsd#Ex>@"A"M@+5;$ See our article Burn Pit Presumptive Conditions. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Please call for an appointment before visiting: Mail Processing Center: P.O. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. Yi-bR :z>r6iFR Favorable BVA Case Law Precedent Example #2: 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. hTOo0| It is the only thing that kept in the fight and especially it keeps sane and focus. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. Since that time, we have provided compassionate 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. Winning a VA claim to service connect sleep apnea is hard. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Most Veterans are not proving sleep apnea is service connected. I recd another denial (3rd) Jun 30, 2017. My claim was approved first time submitting. How to Connect Sleep Apnea to Military Service. 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Any advice on getting sleep apnea service connected? Whats the VAs Problem with Sleep Apnea? Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). I have sleep apnea diagnosed by the VA sleep study. Board of Veterans' Appeals Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Was your obstructive sleep apnea (OSA) VA claim denied? You are going to have to think through your case as objectively as you possibly can. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). We see that quite often with sleep apnea claims. Wc%X$(:ss!LCO^?4d *$ Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> VA Disability Ratings for Hypertension and Sleep Apnea Required fields are marked *. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I was diagnosed with OSA 10 years after separation. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD I believe the two are connected. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! endstream endobj 43 0 obj <>stream I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Local Wounded Veterans Gifted with Opportunities to Go Fishing. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. We offer free resources and expertise to empower all Veterans. You can subscribe to his Veterans Disability channel on YouTube. endobj 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. Thats $901.83 a month. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. 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, I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. However, most of the time, sleep apnea is a secondary claim. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. and Coronavirus. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 38 0 obj <> endobj Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. 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. However, if you use one, it does provide you with a higher rating. 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 question raised in this case is whether this "intermediate step" is limited to . But if your body cannot get sleep, you will die. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. we represent clients nationwide. Keep us posted Im eager to hear how it turns out! Dont make the mistake so many other veterans have. Kim was very helpful and any time I had a question she made sure I got an answer. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Its over 165 pages long, and took 9 months of research. Proving Service-Connection for Sleep Apnea. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. endstream For doing an awesome job. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. The question raised in this case is whether this "intermediate step" is limited to . Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. BVA Decision They denied extra physical therapy. 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. 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. This field is for validation purposes and should be left unchanged. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. <>stream Your voice is important especially when it comes to your own health care. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Instead, the leading cause of sleep apnea is weight gain. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. . Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. It's almost as much work - and it can often take as much dedication. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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). If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Our firm was founded in 1986 in Orlando, Florida. Copyright 2023 VA Claims Insider, LLC. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. fight to get their sleep apnea service-connected. Secondary Service Connection I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I can teach you how to do that. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. In our experience, most VA disability claims are won or lost based on medical evidence. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). Thats what Sleep Apnea does while you are sleeping, you stop breathing. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 2020 Strategic Veteran All Rights Reserved. Sleep apnea is a medically complex disorder. 1 0 obj Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 See id. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions.
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