Youll need to make the call on direct service connection versus secondary service connection. If you use a CPAP machine, then this should warrant a 50% rating. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. This is a great group of people who really care about your well being. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Source: Department of Veteran Affairs Regional Office New Orleans, LA. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Camp Lejeune Lawsuit. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! I read hundreds of cases. In our experience, most VA disability claims are won or lost based on medical evidence. 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. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. The most trusted name in education-based resources for Veterans. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! I have also had a stroke. 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. 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. 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 Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. 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. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV If you need assistance in appealing your claim for CFS,let us know here! For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. * Can Agent Orange cause Sleep Apnea? Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. When I turned my case over to Jason things turned around, QUICK. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. Do You Owe Your Severance Pay Back to the VA? Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Wc%X$(:ss!LCO^?4d *$ 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. Are you a veteran who suffers from sleep apnea? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. My emphysema is connected. %PDF-1.4 % 1 0 obj Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 4 Lessons You Need to Learn to Service Connect Sleep Apnea. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. See you on the inside! if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg 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. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 In order to help you with your secondary claim, we have put together this Insiders Guide! The VA uses two options for rating most sleep apnea claims. Copyright 2023 VA Claims Insider, LLC. It only took three months. 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? We cant possibly cover each of those and the ways to service connect all of them in this one article. Required fields are marked *. You're not alone. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. BVA Decision sleep apnea is not the kind of disability associated with a wounded warrior. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. The question raised in this case is whether this "intermediate step" is limited to . For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Winning a VA claim to service connect sleep apnea is hard. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Your voice is important especially when it comes to your own health care. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). We can helpreach out so we can show you how. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. *To prove your Sleep Apnea is service connected without a sleep study in the military? UNFORTUNATELY HE DIED.! Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. Copyright 2023 VA Claims Insider, LLC. 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. Why? Estimate your 2023 VA Rating & Compensation for FREE! If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. 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. Worsening of symptoms after activities. 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). 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I recommend Perkins Law Firm. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. However, this has been thoroughly disproven. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. We offer free resources and expertise to empower all Veterans. While we still have our home base in Florida, Honestly, they are just saying it. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Winning a VA Sleep Apnea is much harder. The transmission of an email request for information does not create an attorney client relationship. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Making the Sausage: Heres what you need to know about new VA Claims regulations. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! You DESERVE a HIGHER VA rating.WE CAN HELP. 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. (In many cases, amedical expert report or opinion may be crucial to success). 38 U.S.C.A. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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). Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Learn how your comment data is processed. * The importance ofamedical expert opinion in your Sleep Apnea claim. Its almost as much work and it can often take as much dedication. Jason Perkins, was my lawyer in a workers comp. They were at all times attentive and on top of my case. However, most of the time, sleep apnea is a secondary claim. If you use a CPAP machine, then this should warrant a 50% rating. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Dear Mr Attig: Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I believe the two are connected. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Also see our post What is a Service-Connected Disability? What about PTSD? Nexus is simply a connection or series of connections linking two or more things. Physical therapy can be given to help maintain and improve mobility. 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. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. I cannot get the sleep apnea connected. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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 <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. Any advice on getting sleep apnea service connected? 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 2023-03-04T21:20:56-05:00 The information contained on this web site is provided for informational purposes only and not legal advice. endstream endobj startxref Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. 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. Save my name, email, and website in this browser for the next time I comment. Those are the ingredients. 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. . Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Sleep Apnea in Gulf War Veterans - Public Health THANK YOU AGAIN. All Rights Reserved. Has camp Lejeune exposures been linked to sleep apnea? Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Even if youve been denied before, its not too late! Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. I was diagnosed with OSA 10 years after separation. Our firm was founded in 1986 in Orlando, Florida. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. This is in order to be officially diagnosed. 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Please call for an appointment before visiting: Mail Processing Center: P.O. Want More Information about VA Sleep Apnea? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Second example.lets say the veteran has service connection for PTSD. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. 3. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r For doing an awesome job. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. If you are hurt at work, this is the firm you want on YOUR side. (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)! Excessive daytime sleepiness is the most noticeable signal for those who live alone. Andmy sleep study was not done in the military.. 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. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 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. Your email address will not be published. Your airway narrows and closes, leading to pauses in the breathing cycle. The same can be said about service-connected mental health conditions. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. VA Disability Ratings for Sleep Disturbances | CCK Law

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