For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. The VA uses two options for rating most sleep apnea claims. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ without his BI-PAP MACHINE,one up from CPAP,which i have. * 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). Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. If you have this condition, it causes the throat muscles to relax while sleeping. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. 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. Youre arent alone. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 This is described as being foggy by patients. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Making the Sausage: Heres what you need to know about new VA Claims regulations. 7 0 obj If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. I did not have a va physical until about 13 years after seperation from service. Proving Service-Connection for Sleep Apnea. 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? He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Need help claiming this crucial part of your claim? By doing this your claim will have the best chance possible. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. about the threat of COVID-19 and Coronavirus. Check out the Sleep Apnea Field Manual. 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. No current sleep study within the last 12 months, #2. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 2017-05-30T18:09:36-04:00 Secondary Service Connection 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. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. injury case. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Since that time, we have provided compassionate This is what is called the Nexus. Are you a veteran who suffers from sleep apnea? 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. FREE tips for Veterans to stay 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. 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. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. How is Chronic Fatigue Syndrome Diagnosed? <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> We can helpreach out so we can show you how. 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. They denied extra physical therapy. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. I tried going it alone and the insurance carrier pushed me around. 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Save my name, email, and website in this browser for the next time I comment. Youll need to make the call on direct service connection versus secondary service connection. Sounds easy enough, right? Was your obstructive sleep apnea (OSA) VA claim denied? I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. San Jose, CA: 2880 Zanker Road, Ste. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. 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). <>stream You cut off oxygen to the brain and blood, and other body systems break down. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream Scenario 2: The Veteran has a current diagnosis of sleep apnea. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. If you use a CPAP machine, then this should warrant a 50% rating. When I turned my case over to Jason things turned around, QUICK. Weight gain can be tied to several different conditions. 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. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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). The VA classifies Sleep Apnea as a disability for which compensation is granted. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Allergies or sensitivities to foods, odors, chemicals, or noise. Any advice on getting sleep apnea service connected? Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Without a CPAP machine, the VA assigns a 30% rating. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. However, this has been thoroughly disproven. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. My claim was approved first time submitting. I recommend Perkins Law Firm. There are 3 ways to get it: Chris, 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. The rate was a staggering 22%. Need a C&P exam for sleep apnea secondary to PTSD? 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. BVA Decision Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices They denied injections the doctor recommended to ease my pain. I can teach you how to do that. YEP!!! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Second example.lets say the veteran has service connection for PTSD. * Can Agent Orange cause Sleep Apnea? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 * Damage to the brain from a TBI (Traumatic Brain Injury). The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. 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. Therefore you should be well prepared before submitting your claim. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. FREE tips for veterans to stay protected, calm and informed To find the definitive guide for service-connection for sleep apnea, check it out here. Those are the ingredients. This field is for validation purposes and should be left unchanged. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. * How do I appeal the VAs denial of my Sleep Apnea? Your airway narrows and closes, leading to pauses in the breathing cycle. Do you have questions about how to service connect sleep apnea claims? See our article Burn Pit Presumptive Conditions. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. In our experience, most VA disability claims are won or lost based on medical evidence. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Dear Mr Attig: 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 Department of Veterans Affairs Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. See our tips on how to obtain a credible nexus letter. Thousands of other Veterans in our Community are here for you. * What if it wasnt diagnosed until years after service can I service connect it then? The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. Keep us posted Im eager to hear how it turns out! 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. and Coronavirus. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Jason Perkins, was my lawyer in a workers comp. That is how I suggest you handle this situation. 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. These pauses can happen several times an hour when the apnea is severe. You are going to have to get a LOT of 5-Star Evidence. However, if you use one, it does provide you with a higher rating. I also have central and obstructive sleep apnea which has been denied service connection. Its an essential piece of evidence. 67 0 obj <>stream 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.. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Most Veterans are not proving sleep apnea is service connected. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. Why? 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. endstream endobj startxref 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Everyone I came in contact with there was very nice. Copyright 2023 VA Claims Insider, LLC. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Unfortunately, VA does not always apply the law correctly. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Worsening of symptoms after activities. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. 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, While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. A nexus letter is often the missing link in a VA claim. But if your body cannot get sleep, you will die. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! we represent clients nationwide. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. It only took three months. I have a diagnosis and a CPAPwhy arent they granting my claim?. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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. It's almost as much work - and it can often take as much dedication. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! How you mix them is the hard part. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. I am service connected for chronic sinusitis with a 30% rating. 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. 2023-03-04T21:20:56-05:00 This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. This field is for validation purposes and should be left unchanged. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Our firm was founded in 1986 in Orlando, Florida. *To prove your Sleep Apnea is service connected without a sleep study in the military? * WHAT evidencetouseandwhich path to Service Connectionto use. 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 VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Even if youve been denied before, its not too late! 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..
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