service connection for sleep apnea is granted service connection for sleep apnea is granted

Why? 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. %PDF-1.4 By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. 1 0 obj * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. I recommend Perkins Law Firm. 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. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. 38 0 obj <> endobj The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 2023-03-04T21:20:56-05:00 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. 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. Need help claiming this crucial part of your claim? 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. Take advantage of a FREE VA Claim Discovery Call. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Wc%X$(:ss!LCO^?4d *$ Its almost as much work and it can often take as much dedication. Physical therapy can be given to help maintain and improve mobility. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. How to Hire an Attorney For Your VA Claim or Appeal. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. They were at all times attentive and on top of my case. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I filed NOD in early 2017 request an informal DRO. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Were Veterans, just like you, whove learned how to navigate within the VA system. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! I talked to several doctors and sleep experts. In my book Put it to Rest! As a fellow disabled Veteran this is shameful and Im on a mission to change it. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 I was diagnosed with OSA 10 years after separation. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. *To prove your Sleep Apnea is service connected without a sleep study in the military? That said, the key here is making the connection from service to diagnosis. 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. 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. If you have this condition, it causes the throat muscles to relax while sleeping. All Rights Reserved. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD Therefore you should be well prepared before submitting your claim. Your email address will not be published. How to Connect Sleep Apnea to Military Service. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Even if youve been denied before, its not too late! 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. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. To find the definitive guide for service-connection for sleep apnea, check it out here. I talked to several doctors about the causes and limitations of sleep apnea. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? The question raised in this case is whether this "intermediate step" is limited to . Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Is Sleep Apnea Could Be a Service-Connected VA Disability? They denied injections the doctor recommended to ease my pain. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. 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. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. 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. Secondary Service Connection I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. FREE tips for Veterans to stay Youre arent alone. Our firm was founded in 1986 in Orlando, Florida. The same can be said about service-connected mental health conditions. Any advice on getting sleep apnea service connected? Winning a VA Sleep Apnea is much harder. <>stream Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I am service connected for chronic sinusitis with a 30% rating. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. See id. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. They denied extra physical therapy. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Source: Department of Veteran Affairs Regional Office New Orleans, LA. Sleep apnea is a medically complex disorder. we represent clients nationwide. Keep us posted Im eager to hear how it turns out! Its an essential piece of evidence. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. about the threat of COVID-19 and Coronavirus. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. The transmission of an email request for information does not create an attorney client relationship. and Coronavirus. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! If you use a CPAP machine, then this should warrant a 50% rating. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 My claim was approved first time submitting. Of course, I dont give legal advice on the Veterans Law Blog. endobj Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. sleep apnea is not the kind of disability associated with a wounded warrior. However, if you use one, it does provide you with a higher rating. We would be happy to talk to you. 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 Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Its one thing to give you the ingredients for a chocolate cake. While we still have our home base in Florida, When I turned my case over to Jason things turned around, QUICK. 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 I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. It only took three months. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Anxiety and depression can interfere with sleep patterns. 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. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Battle of DUAL-EXPERTS Chris, you called it!!! Please call for an appointment before visiting: Mail Processing Center: P.O. endstream endobj 43 0 obj <>stream 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 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. Sounds easy enough, right? * Can I service connect sleep apnea without a sleep study in service? Favorable BVA Case Law Precedent Example #2: There are 3 ways to get it: Chris, 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. Both anxiety and depression can also be linked to sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. * The importance ofamedical expert opinion in your Sleep Apnea claim. 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. As this represents a total grant . However, most of the time, sleep apnea is a secondary claim. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Need a C&P exam for sleep apnea secondary to PTSD? 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. Required fields are marked *. . Board of Veterans Appeals The VA uses two options for rating most sleep apnea claims. See R. at 8-9. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Below is the schedule for rating disability for Chronic Fatigue Sundrome. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. This may be 20 or 30 years after the problems started. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. The first requirement which must be met to satisfy the VA is a sleep study. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. protected, calm and informed IN THE APPEAL OF . put your Sleep Apnea Claim together right. Learn more about us, Veterans Disability Claim Has camp Lejeune exposures been linked to sleep apnea? And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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, In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Your email address will not be published. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Check out the Sleep Apnea Field Manual. This means they make their claim without providing much proof. Yi-bR :z>r6iFR Instead, the leading cause of sleep apnea is weight gain. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. And that means you are going to have to think through your sleep apnea claim. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Estimate your 2023 VA Rating & Compensation for FREE! Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Hot Dogs for Heroes 4th of July Event This Thursday! Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Winning a VA claim to service connect sleep apnea is hard. endstream endobj 42 0 obj <>stream I have tried to connect OSA secondary to chronic sinusitis which has also been denied. * What if it wasnt diagnosed until years after service can I service connect it then? 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. I recd another denial (3rd) Jun 30, 2017. Unfortunately, VA does not always apply the law correctly. If you need assistance in appealing your claim for CFS,let us know here! without his BI-PAP MACHINE,one up from CPAP,which i have. FREE tips for veterans to stay protected, calm and informed This is described as being foggy by patients. 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. I disagree. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. All Rights Reserved. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. 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 UNFORTUNATELY HE DIED.! Since that time, we have provided compassionate 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 illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 3. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 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. I did not have a va physical until about 13 years after seperation from service. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. BVA Decision Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Make sure to have your sleep study done. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Winning a VA claim to service connect sleep apnea is hard. 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. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business.