service connection for sleep apnea is grantedservice connection for sleep apnea is granted

Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Your email address will not be published. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. Microsoft Word 2010 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. 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. The information contained on this web site is provided for informational purposes only and not legal advice. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Secondary Service Connection Of course, I dont give legal advice on the Veterans Law Blog. Are you a veteran who suffers from sleep apnea? Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Anxiety and depression can interfere with sleep patterns. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Learn how your comment data is processed. NOW ITS YOUR TURN. The question raised in this case is whether this "intermediate step" is limited to . What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. put your Sleep Apnea Claim together right. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. protected, calm and informed Headaches which are new or have become worse. The VA uses two options for rating most sleep apnea claims. How to Get a 100 Percent VA Rating (if deserved)! and Coronavirus. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. You can lose a kidney, and live a full and complete life. If you use a CPAP machine, then this should warrant a 50% rating. I am service connected for chronic sinusitis with a 30% rating. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. How to Hire an Attorney For Your VA Claim or Appeal. * What if it wasnt diagnosed until years after service can I service connect it then? I have a diagnosis and a CPAPwhy arent they granting my claim?. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Chills and night sweats as well as low-grade fevers. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. 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. I disagree. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). It only took three months. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Save my name, email, and website in this browser for the next time I comment. Sounds easy enough, right? Department of Veterans Affairs SvKve5.YmPE}=;vpb -GW2RN HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. 203, San Jose, CA 95134 Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Need a C&P exam for sleep apnea secondary to PTSD? 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 one study, 69.2% of veterans were assessed as being at high risk for OSA.). Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. (In many cases, amedical expert report or opinion may be crucial to success). Required fields are marked *. You do not have to be prescribed a CPAP machine to be service-connected for 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. And that means you are going to have to think through your sleep apnea claim. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 4 0 obj This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. See id. However, if you use one, it does provide you with a higher rating. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. 3. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I was diagnosed with OSA 10 years after separation. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. The rate was a staggering 22%. * Can I service connect sleep apnea without a sleep study in service? 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. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. That said, the key here is making the connection from service to diagnosis. Honestly, they are just saying it. 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. <>stream 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. 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? Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. How you mix them is the hard part. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Making the Sausage: Heres what you need to know about new VA Claims regulations. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. endobj New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. we represent clients nationwide. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. about the threat of COVID-19 and Coronavirus. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. In my book Put it to Rest! If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Required fields are marked *. Winning a VA Sleep Apnea is much harder. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. Below is the schedule for rating . If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 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. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Viet Nam Vet. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Digestion issues like IBS (irritable bowel syndrome). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. Its almost as much work and it can often take as much dedication. 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. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream Which primary disabilities make the best claims for secondary service connection of sleep apnea? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Hepatitis C also causes insulin resistance. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Both anxiety and depression can also be linked to sleep apnea. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. You can lose your arms and legs and still survive. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. See our article Burn Pit Presumptive Conditions. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Second example.lets say the veteran has service connection for PTSD. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! without his BI-PAP MACHINE,one up from CPAP,which i have. I did not have a va physical until about 13 years after seperation from service. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Winning a VA Sleep Apnea is much harder. Also see our post What is a Service-Connected Disability? I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Learn how your comment data is processed. I told you at the beginning I wantto change your thinking. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Dont make the mistake so many other veterans have. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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). But remember the ultimate goal to win your VA disability compensation claim. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. No current sleep study within the last 12 months, #2. We offer free resources and expertise to empower all Veterans. 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. Weight gain can be tied to several different conditions. Our firm was founded in 1986 in Orlando, Florida. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. This is in order to be officially diagnosed. Your airway narrows and closes, leading to pauses in the breathing cycle. Sleep apnea is a medically complex disorder. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. How is Chronic Fatigue Syndrome Diagnosed? Want More Information about VA Sleep Apnea? I believe the two are connected. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. fight to get their sleep apnea service-connected. This is described as being foggy by patients. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. <>stream Need help claiming this crucial part of your claim? Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 2017-05-30T18:09:36-04:00 It's almost as much work - and it can often take as much dedication. 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. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. FREE tips for veterans to stay protected, calm and informed A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ If you have this condition, it causes the throat muscles to relax while sleeping. Estimate your 2023 VA Rating & Compensation for FREE! endstream endobj startxref Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. This is where I come in. endstream endobj 43 0 obj <>stream What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Therefore you should be well prepared before submitting your claim. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Youre welcome, Sam! I dont know if Im authorize a second run at the DRO or go straight to BVA. I filed to reopen my SA claim in 2016. That is how I suggest you handle this situation. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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, CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Why? If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. 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. How to Connect Sleep Apnea to Military Service. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. To find the definitive guide for service-connection for sleep apnea, check it out here. 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. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Youre arent alone. With lay evidence AND medical evidence. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them!
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