service connection for sleep apnea is granted

Wc%X$(:ss!LCO^?4d *$ Ann Margaret really took the time to explain things to me. 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. IN THE APPEAL OF . See our tips on how to obtain a credible nexus letter. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. The rate was a staggering 22%. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Both anxiety and depression can also be linked to sleep apnea. 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. 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. Required fields are marked *. 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. 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 is where I come in. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. * Can I service connect sleep apnea without a sleep study in service? I cannot recommend Jason and his staff enough. endstream endobj 42 0 obj <>stream Has camp Lejeune exposures been linked to sleep apnea? 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. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Your email address will not be published. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. (In many cases, amedical expert report or opinion may be crucial to success). We cant possibly cover each of those and the ways to service connect all of them in this one article. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Winning a VA claim to service connect sleep apnea is hard. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. All Rights Reserved. 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). We can helpreach out so we can show you how. How to File a Claim on VA.gov (step-by-step)! VA Disability Ratings for Hypertension and Sleep Apnea See R. at 8-9. 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. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Did the VA Benefit of the Doubt Rule just disappear? Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 That said, the key here is making the connection from service to diagnosis. What about PTSD? At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Second example.lets say the veteran has service connection for PTSD. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! I filed to reopen my SA claim in 2016. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. Microsoft Word 2010 Everyone I came in contact with there was very nice. 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. How to Service Connect Chronic Fatigue Syndrome Need help claiming this crucial part of your claim? 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. The VA uses two options for rating most sleep apnea claims. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Youre arent alone. VA Claims insider is an education-based coaching/consulting company. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Hot Dogs for Heroes 4th of July Event This Thursday! How to Get a 100 Percent VA Rating (if deserved)! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ lJ[bKeZ?LF;$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 Board of Veterans' Appeals Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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 Winning a VA Sleep Apnea is much harder. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. However, the VA. She has always had a passion for helping others and found inspiration from those she cared for. Winning a VA claim to service connect sleep apnea is hard. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Since that time, we have provided compassionate 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. I have sleep apnea and emphysema. 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. Those are the ingredients. 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). The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 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. 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.. Both sinusitis and rhinitis are linked to sleep apnea. How is Chronic Fatigue Syndrome Diagnosed? Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. These pauses can happen several times an hour when the apnea is severe. But most veterans are not service-connected for this sinus condition. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Instead, the leading cause of sleep apnea is weight gain. Why? Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. I told you at the beginning I wantto change your thinking. 1 0 obj Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. endobj I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. Department of Veterans Affairs In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Your email address will not be published. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. <>stream Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. How can you learn more about these things? DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). Proving Service-Connection for Sleep Apnea. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 * Can Agent Orange cause Sleep Apnea? Which primary disabilities make the best claims for secondary service connection of sleep apnea? They were at all times attentive and on top of my case. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I believe the two are connected. Winning a VA Sleep Apnea is much harder. It only took three months. endstream endobj 43 0 obj <>stream Also sinusitis, rhinitis, hypertension. Yi-bR :z>r6iFR I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. This field is for validation purposes and should be left unchanged. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Unfortunately, VA does not always apply the law correctly. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. 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. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. injury case. I tried going it alone and the insurance carrier pushed me around. A noticeable sign of obstructive sleep apnea is snoring. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. Please call for an appointment before visiting: Mail Processing Center: P.O. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. 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. How to Hire an Attorney For Your VA Claim or Appeal. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. I recd another denial (3rd) Jun 30, 2017. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Give us a call at 800-477-9027 to see if we can help you. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. You can subscribe to his Veterans Disability channel on YouTube. The transmission of an email request for information does not create an attorney client relationship. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. Chris, thank you for the posts and training videos you are providing to veterans. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Save my name, email, and website in this browser for the next time I comment. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. But if your body cannot get sleep, you will die. Just think about our veterans from older eras. In our experience, most VA disability claims are won or lost based on medical evidence. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Its one thing to give you the ingredients for a chocolate cake. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law 201 Bankhead Highway, Carrollton GA 30117770-285-1198. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 38 U.S.C.A. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. Learn how your comment data is processed. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. 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. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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, 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. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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. Even a previous diagnosis may not be accepted by the VA without a sleep study. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm *To prove your Sleep Apnea is service connected without a sleep study in the military? 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.. 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 4 0 obj Worsening of symptoms after activities. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. * What if it wasnt diagnosed until years after service can I service connect it then? However, if you use one, it does provide you with a higher rating. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! You are going to have to get a LOT of 5-Star Evidence. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Secondary Service Connection I was diagnosed with OSA 10 years after separation. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Hence, the weight gain. Weight gain can be tied to several different conditions. Estimate your 2023 VA Rating & Compensation for FREE! 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. put your Sleep Apnea Claim together right. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Our firm was founded in 1986 in Orlando, Florida. Chills and night sweats as well as low-grade fevers. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. However, this has been thoroughly disproven. 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. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Template for processing Decision or Remand In fact, sleep deprivation is a common form of torture, as many of us know all too well. Take advantage of a FREE VA Claim Discovery Call. The question raised in this case is whether this "intermediate step" is limited to . endobj It's almost as much work - and it can often take as much dedication. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. 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. Sounds easy enough, right? NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. without his BI-PAP MACHINE,one up from CPAP,which i have. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. 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. I disagree. 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. Dear Mr Attig: 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.

service connection for sleep apnea is granted 2023