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. <>stream Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. And that means you are going to have to think through your sleep apnea claim. Second example.lets say the veteran has service connection for PTSD. Otherwise, I would properly ended up in mental health facility or going insane!!! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Below is the schedule for rating disability for Chronic Fatigue Sundrome. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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. Contact Us I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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.
lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg fight to get their sleep apnea service-connected. endobj Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 . A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. IN THE APPEAL OF . 3. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Required fields are marked *. We can helpreach out so we can show you how. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Thats $901.83 a month. This is described as being foggy by patients. 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). I recommend Perkins Law Firm. Why? So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. All Rights Reserved. Did the VA Benefit of the Doubt Rule just disappear? 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. That said, the key here is making the connection from service to diagnosis. 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. Source: Department of Veteran Affairs Regional Office New Orleans, LA. I was diagnosed with OSA 10 years after separation. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Scenario 2: The Veteran has a current diagnosis of sleep apnea. What about PTSD? *To prove your Sleep Apnea is service connected without a sleep study in the military? Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. If you are hurt at work, this is the firm you want on YOUR side. 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. about the threat of COVID-19 and Coronavirus. However, the VA. <>/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 have had cardiomegly X-rays while on active duty. Nexus is simply a connection or series of connections linking two or more things. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? My sleep apnea is worsened when I lie on my back and I still have loss of breath. without his BI-PAP MACHINE,one up from CPAP,which i have.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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
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t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Honestly, they are just saying it. Its one thing to give you the ingredients for a chocolate cake. Need help claiming this crucial part of your claim? Making the Sausage: Heres what you need to know about new VA Claims regulations. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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.. However, this has been thoroughly disproven. 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. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. 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. 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. FREE tips for veterans to stay protected, calm and informed 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..
Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. Learn how your comment data is processed. Hot Dogs for Heroes 4th of July Event This Thursday! The transmission of an email request for information does not create an attorney client relationship. endobj 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. You are going to have to think through your case as objectively as you possibly can. You are going to have to get a LOT of 5-Star Evidence. 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. THANK YOU AGAIN. 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.
Getting Veterans (VA) Disability for Sleep Apnea | CCK Law If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. * WHAT evidencetouseandwhich path to Service Connectionto use. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. 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. Copyright 2023 VA Claims Insider, LLC. 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. Hepatitis C also causes insulin resistance. 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. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. See you on the inside! endstream A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. * Can Agent Orange cause Sleep Apnea? Whats the VAs Problem with Sleep Apnea? 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. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd
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Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Viet Nam Vet. In fact, sleep deprivation is a common form of torture, as many of us know all too well. You're not alone. FREE tips for Veterans to stay Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted.
Sleep Apnea in Gulf War Veterans - Public Health 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Estimate your 2023 VA Rating & Compensation for FREE! 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! SvKve5.YmPE}=;vpb -GW2RN Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Were Veterans, just like you, whove learned how to navigate within the VA system. Its an entirely different thing to mix those ingredients so that they turn into a cake. Excessive daytime sleepiness is the most noticeable signal for those who live alone. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 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. 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Your first step is to be absolutely sure about what type of apnea you have. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Your email address will not be published. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. If you continue to use this site we will assume that you are happy with it. sleep apnea is not the kind of disability associated with a wounded warrior. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. San Jose, CA: 2880 Zanker Road, Ste. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Both sinusitis and rhinitis are linked to sleep apnea. Both anxiety and depression can also be linked to sleep apnea. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Therefore you should be well prepared before submitting your claim. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT I cannot recommend Jason and his staff enough. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Estimate your 2023 VA Rating & Compensation for FREE! The BEST Path to Proving Sleep Apnea is Service Connected. 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Your email address will not be published. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Chills and night sweats as well as low-grade fevers. Did the VA Benefit of the Doubt Rule just disappear? Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Just had C& P exam for sleep apnea. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. I filed NOD in early 2017 request an informal DRO. (6.[,P)BLd?8e:}]eS8Sx|
XvKdEP,Zbl65k8 x!KSToHjbrC. Sounds easy enough, right? There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea.
Is Sleep Apnea a Disability? A Guide for Veterans Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea.
Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Weight gain can be tied to several different conditions. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Without a CPAP machine, the VA assigns a 30% rating. Your airway narrows and closes, leading to pauses in the breathing cycle. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4
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5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020.
6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Dont make the mistake so many other veterans have. I told you at the beginning I wantto change your thinking. You can lose your arms and legs and still survive. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. How to Hire an Attorney For Your VA Claim or Appeal. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Also see our post What is a Service-Connected Disability?
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