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. 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. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! See our article Burn Pit Presumptive Conditions. 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. Anxiety and depression can interfere with sleep patterns. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). 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. The most trusted name in education-based resources for Veterans. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Proving Service-Connection for Sleep Apnea - VA Claims Insider I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Take advantage of a FREE VA Claim Discovery Call. Even if youve been denied before, its not too late! We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. All Rights Reserved. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. You are going to have to get a LOT of 5-Star Evidence. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! However, this has been thoroughly disproven. %PDF-1.4 % application/pdf 67 0 obj <>stream You're not alone. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Why? Not presumptively. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. We see that quite often with sleep apnea claims. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. We can helpreach out so we can show you how. 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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. All Rights Reserved. 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 read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. She has always had a passion for helping others and found inspiration from those she cared for. In order to help you with your secondary claim, we have put together this Insiders Guide! Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. I am service connected for chronic sinusitis with a 30% rating. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Not a lot of VSOs or advocates get this when helping a Veteran file a VA 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. YEP!!! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Thanks for your concern and the blog. Your email address will not be published. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Your first step is to be absolutely sure about what type of apnea you have. Youre welcome, Sam! THANK YOU AGAIN. * How do I appeal the VAs denial of my Sleep Apnea? 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. If you are lucky, you start breathing again. Jason Perkins, was my lawyer in a workers comp. Its almost as much work and it can often take as much dedication. Favorable BVA Case Law Precedent Example #2: 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. VA Claims insider is an education-based coaching/consulting company. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Camp Lejeune Lawsuit. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Give us a call at 800-477-9027 to see if we can help you. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. If you continue to use this site we will assume that you are happy with it. My claim was approved first time submitting. 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. Since that time, we have provided compassionate Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. And you are going to have to presentit neatly andpersuasivelyto the VA. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . The VA uses two options for rating most sleep apnea claims. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> I only have 50 days to file NOD, or file a BVA appeal within 1 year. I stated on my retirement physical that I sometimes have trouble sleeping at night. 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 you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 8 0 obj Scenario 2: The Veteran has a current diagnosis of sleep apnea. 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. 38 0 obj <> endobj Estimate your 2023 VA Rating & Compensation for FREE! And that means you are going to have to think through your sleep apnea claim. Otherwise, I would properly ended up in mental health facility or going insane!!! PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. 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. Theres lots of literature available to back it up. 2023-03-04T21:20:56-05:00 After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. UNFORTUNATELY HE DIED.! I talked to several doctors about the causes and limitations of sleep apnea. Honestly, they are just saying it. we represent clients nationwide. You can lose your arms and legs and still survive. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Viet Nam Vet. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. See R. at 8-9. Wc%X$(:ss!LCO^?4d *$ 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). Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. 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. The rate was a staggering 22%. As this represents a total grant . <>stream I dont want you to think about the EASY path to proving Sleep Apnea is service connected. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea 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. 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. Dear Mr Attig: 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider There are 3 ways to get it: Chris, Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Instead, the leading cause of sleep apnea is weight gain. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 With lay evidence AND medical evidence. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Headaches which are new or have become worse. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Nexus is simply a connection or series of connections linking two or more things. Just had C& P exam for sleep apnea. 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. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. * Can Agent Orange cause Sleep Apnea? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Youre arent alone. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Your email address will not be published. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Is Sleep Apnea Could Be a Service-Connected VA Disability? Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. FREE tips for veterans to stay protected, calm and informed If you have this condition, it causes the throat muscles to relax while sleeping. Sounds easy enough, right? Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. You cut off oxygen to the brain and blood, and other body systems break down. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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. 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. Department of Veterans Affairs If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. 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. 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. 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. 2020 Strategic Veteran All Rights Reserved. 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. 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. Both sinusitis and rhinitis are linked to sleep apnea. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. SvKve5.YmPE}=;vpb -GW2RN %PDF-1.4 Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Whats the VAs Problem with Sleep Apnea? Copyright 2023 VA Claims Insider, LLC. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Microsoft Word 2010 put your Sleep Apnea Claim together right. . Need help claiming this crucial part of your claim? Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. VA claim for sleep apnea denied? 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Template for processing Decision or Remand Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. I filed NOD in early 2017 request an informal DRO. Its one thing to give you the ingredients for a chocolate cake. 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. Were Veterans, just like you, whove learned how to navigate within the VA system. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Make sure to have your sleep study done. Yi-bR :z>r6iFR Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. But most veterans are not service-connected for this sinus condition. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. FREE tips for Veterans to stay Chris, thank you for the posts and training videos you are providing to veterans. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. However, if you use one, it does provide you with a higher rating. 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. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> If you are hurt at work, this is the firm you want on YOUR side. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. If you are already service-connected for your knees or your back, you are likely not as active as you once were. However, if you use one, it does provide you with a higher rating. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. See id. I read hundreds of cases. This is what is called the Nexus. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. It is the only thing that kept in the fight and especially it keeps sane and focus. about the threat of COVID-19 201 Bankhead Highway, Carrollton GA 30117770-285-1198. But if your body cannot get sleep, you will die. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Battle of DUAL-EXPERTS Chris, you called it!!! 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. However, the VA. 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.
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