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? Required fields are marked *. Sleep apnea is a medically complex disorder. 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. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. However, the VA. Most Veterans are not proving sleep apnea is service connected. 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. 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. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. With lay evidence AND medical evidence. 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. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. How to Get a 100 Percent VA Rating (if deserved)! I awake countless time at night due to this. Favorable BVA Case Law Precedent Example #2: 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. 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. 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. If you use a CPAP machine, then this should warrant a 50% rating. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. How to Connect Sleep Apnea to Military Service. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Camp Lejeune Lawsuit. 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! endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. I cannot get the sleep apnea connected. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. It only took three months. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Veterans Benefits Network-Sleep Apnea secondary to Service Connected See id. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 You DESERVE a HIGHER VA rating.WE CAN HELP. The information contained on this web site is provided for informational purposes only and not legal advice. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. I only have 50 days to file NOD, or file a BVA appeal within 1 year. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Thousands of other Veterans in our Community are here for you. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Youre arent alone. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 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. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Kim was very helpful and any time I had a question she made sure I got an answer. Honestly, they are just saying it. Thats $901.83 a month. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. This is described as being foggy by patients. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! * The importance ofamedical expert opinion in your Sleep Apnea claim. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Was your obstructive sleep apnea (OSA) VA claim denied? For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. 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. 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. You're not alone. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Do You Owe Your Severance Pay Back to the VA? If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Excessive daytime sleepiness is the most noticeable signal for those who live alone. If you have this condition, it causes the throat muscles to relax while sleeping. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). application/pdf A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. 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. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. This means they make their claim without providing much proof. 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. 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. Whats the VAs Problem with Sleep Apnea? endstream endobj startxref VA Claims insider is an education-based coaching/consulting company. Below is the schedule for rating . Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 I spoke with DRO via phone for 5min confirming she received my NOD and evidence. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. about the threat of COVID-19 Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. Without a CPAP machine, the VA assigns a 30% rating. . There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. As a fellow disabled Veteran this is shameful and Im on a mission to change it. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. This is what is called the Nexus. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. 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. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. San Jose, CA: 2880 Zanker Road, Ste. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. And you are going to have to presentit neatly andpersuasivelyto the VA. 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. Not presumptively. 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Your first step is to be absolutely sure about what type of apnea you have. However, if you use one, it does provide you with a higher rating. The BEST Path to Proving Sleep Apnea is Service Connected. You can lose your arms and legs and still survive. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. 2023-03-04T21:20:56-05:00 Tender lymph nodes usually in the neck and underarms. Unfortunately, VA does not always apply the law correctly. In order to help you with your secondary claim, we have put together this Insiders Guide! Making the Sausage: Heres what you need to know about new VA Claims regulations. How to Get a 100 Percent VA Rating (if deserved)! I disagree. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. 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. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. 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. If you are lucky, you start breathing again. Those are the ingredients. We can helpreach out so we can show you how. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. 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. Want More Information about VA Sleep Apnea? Even a previous diagnosis may not be accepted by the VA without a sleep study. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. If you are hurt at work, this is the firm you want on YOUR side. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 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. 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. Therefore you should be well prepared before submitting your claim. Hot Dogs for Heroes 4th of July Event This Thursday! High blood pressure or hypertension can be easily developed due to stress acquired in active duty. The VA uses two options for rating most sleep apnea claims. Sounds easy enough, right? Your email address will not be published. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. This is a great group of people who really care about your well being. You're not alone. I filed NOD in early 2017 request an informal DRO. Save my name, email, and website in this browser for the next time I comment. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. This field is for validation purposes and should be left unchanged. A nexus letter is often the missing link in a VA claim. 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). While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. This is in order to be officially diagnosed. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study).
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