service connection for sleep apnea is granted

I can teach you how to do that. My claim was approved first time submitting. You are going to have to think through your case as objectively as you possibly can. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. My expert agreed to write a rebuttal opinion to the VAs expert. Were Veterans, just like you, whove learned how to navigate within the VA system. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. BVA Decision How is Chronic Fatigue Syndrome Diagnosed? There are 3 ways to get it: Chris, A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. VA claim for sleep apnea denied? You DESERVE a HIGHER VA rating.WE CAN HELP. Unfortunately, VA does not always apply the law correctly. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 203, San Jose, CA 95134 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. Therefore you should be well prepared before submitting your claim. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider I believe that the VA and BVA do not take Sleep Apnea seriously. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. This may be 20 or 30 years after the problems started. 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. And that means you are going to have to think through your sleep apnea claim. 3. 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. 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. I dont know if Im authorize a second run at the DRO or go straight to BVA. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Do you have questions about how to service connect sleep apnea claims? *To prove your Sleep Apnea is service connected without a sleep study in the military? 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 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. Viet Nam Vet. I have sleep apnea diagnosed by the VA sleep study. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Of course, I dont give legal advice on the Veterans Law Blog. The same can be said about service-connected mental health conditions. Without a CPAP machine, the VA assigns a 30% rating. Once diagnosed the more difficult step is required, which is proving the service-connection for 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. I also have central and obstructive sleep apnea which has been denied service connection. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Youll need to make the call on direct service connection versus secondary service connection. San Jose, CA: 2880 Zanker Road, Ste. z`tsd#Ex>@"A"M@+5;$ put your Sleep Apnea Claim together right. Wc%X$(:ss!LCO^?4d *$ Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Sleep Apnea in Gulf War Veterans - Public Health Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Worsening of symptoms after activities. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. How you mix them is the hard part. 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. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD Your email address will not be published. fight to get their sleep apnea service-connected. Making the Sausage: Heres what you need to know about new VA Claims regulations. Your airway narrows and closes, leading to pauses in the breathing cycle. Are you a veteran who suffers from sleep apnea? Any advice on getting sleep apnea service connected? If you have this condition, it causes the throat muscles to relax while sleeping. Sounds easy enough, right? You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p VA Claims insider is an education-based coaching/consulting company. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Thousands of other Veterans in our Community are here for you. Kim was very helpful and any time I had a question she made sure I got an answer. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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. 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. yet assertive representation for our clients. Thanks for your concern and the blog. 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. 2017-05-30T18:09:36-04:00 They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. How to Connect Sleep Apnea to Military Service. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. They were at all times attentive and on top of my case. Contact Us 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. Is Sleep Apnea a Disability? A Guide for Veterans I understand you want your VA claim to be done as quickly as possible. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. The first requirement which must be met to satisfy the VA is a sleep study. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. See you on the inside! So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. %PDF-1.4 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I did not have a va physical until about 13 years after seperation from service. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law A nexus letter is often the missing link in a VA claim. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. By doing this your claim will have the best chance possible. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> FREE tips for veterans to stay protected, calm and informed Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. How can you learn more about these things? Instead, the leading cause of sleep apnea is weight gain. When I turned my case over to Jason things turned around, QUICK. Proving Service-Connection for Sleep Apnea. 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). Making the Sausage: Heres what you need to know about new VA Claims regulations. Winning a VA claim to service connect sleep apnea is hard. Winning a VA Sleep Apnea is much harder. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Want More Information about VA Sleep Apnea? Favorable BVA Case Law Precedent Example #2: I believe the two are connected. 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. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. 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. 4 0 obj If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. If you need assistance in appealing your claim for CFS,let us know here! Allergies or sensitivities to foods, odors, chemicals, or noise. 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. Below is the schedule for rating . injury case. Learn how your comment data is processed. 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. 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 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Estimate your 2023 VA Rating & Compensation for FREE! Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. The VA uses two options for rating most sleep apnea claims. about the threat of COVID-19 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. This field is for validation purposes and should be left unchanged. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. What about PTSD? Board of Veterans' Appeals Since that time, we have provided compassionate Chills and night sweats as well as low-grade fevers. 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. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Take advantage of a FREE VA Claim Discovery Call. endstream endobj startxref Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Its an essential piece of evidence. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Will be some time before answer but getting all the info I can. The information contained on this web site is provided for informational purposes only and not legal advice. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. I have had cardiomegly X-rays while on active duty. 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. Thats $901.83 a month. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Digestion issues like IBS (irritable bowel syndrome). If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Required fields are marked *. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. I have sleep apnea and emphysema. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The most trusted name in education-based resources for Veterans. I disagree. Make sure to have your sleep study done. 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. They denied extra physical therapy. protected, calm and informed Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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). Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. The BEST Path to Proving Sleep Apnea is Service Connected. Without a CPAP machine, the VA assigns a 30% rating. 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.

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