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. Will be some time before answer but getting all the info I can. 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. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> We see that quite often with sleep apnea claims. Contact Us I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. This is where I come in. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Without a CPAP machine, the VA assigns a 30% rating. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Battle of DUAL-EXPERTS Chris, you called it!!! Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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! 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Were Veterans, just like you, whove learned how to navigate within the VA system. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. 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. 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. 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. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. That said, the key here is making the connection from service to diagnosis. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. My claim was approved first time submitting. See our tips on how to obtain a credible nexus letter. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. How to File a Claim on VA.gov (step-by-step)! Sounds easy enough, right? As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. For doing an awesome job. Secondary Service Connection <>stream Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. I was diagnosed with OSA 10 years after separation. Tender lymph nodes usually in the neck and underarms. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. The same can be said about service-connected mental health conditions. Sounds easy enough, right? (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. we represent clients nationwide. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. A nexus letter is often the missing link in a VA claim. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. Do you have questions about how to service connect sleep apnea claims? about the threat of COVID-19 They were at all times attentive and on top of my case. z`tsd#Ex>@"A"M@+5;$ Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 2 0 obj hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % I cannot get the sleep apnea connected. I understand you want your VA claim to be done as quickly as possible. 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. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The question raised in this case is whether this "intermediate step" is limited to . This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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). 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 is how I suggest you handle this situation. Making the Sausage: Heres what you need to know about new VA Claims regulations. I have sleep apnea and emphysema. Source: Department of Veteran Affairs Regional Office New Orleans, LA. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. I awake countless time at night due to this. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. And that means you are going to have to think through your sleep apnea claim. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. 2023-03-04T21:20:56-05:00 What about PTSD? And you are going to have to presentit neatly andpersuasivelyto the VA. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 7 0 obj 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. 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. Instead, the leading cause of sleep apnea is weight gain. Your voice is important especially when it comes to your own health care. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 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. 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Sleep apnea is a medically complex disorder. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. The rate was a staggering 22%. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. endobj The first requirement which must be met to satisfy the VA is a sleep study. Its over 165 pages long, and took 9 months of research. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Your email address will not be published. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. * How do I appeal the VAs denial of my Sleep Apnea? If you need assistance in appealing your claim for CFS,let us know here! I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Since that time, we have provided compassionate sleep apnea is DEADLY, my brother in law went out CAMPING. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Required fields are marked *. Proving Service-Connection for Sleep Apnea. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. There are 3 ways to get it: Chris, If you have this condition, it causes the throat muscles to relax while sleeping. Below is the schedule for rating . It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 2020 Strategic Veteran All Rights Reserved. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. But if your body cannot get sleep, you will die. NOW ITS YOUR TURN. endstream endobj 43 0 obj <>stream In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. My sleep apnea is worsened when I lie on my back and I still have loss of breath. 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. Our firm was founded in 1986 in Orlando, Florida. My expert agreed to write a rebuttal opinion to the VAs expert. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. We offer free resources and expertise to empower all Veterans. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream * The importance ofamedical expert opinion in your Sleep Apnea claim. 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. * Can Agent Orange cause Sleep Apnea? All Rights Reserved. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. 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. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! % The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. I cannot recommend Jason and his staff enough. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Learn how your comment data is processed. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Youll need to make the call on direct service connection versus secondary service connection. endobj Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! How to Get a 100 Percent VA Rating (if deserved)! There are three types, obstructive, central, and mixed. Nexus is simply a connection or series of connections linking two or more things. hTOo0| Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Microsoft Word 2010 Did the VA Benefit of the Doubt Rule just disappear? 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Of course, I dont give legal advice on the Veterans Law Blog. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Your first step is to be absolutely sure about what type of apnea you have. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. This is in order to be officially diagnosed. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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). If you use a CPAP machine, then this should warrant a 50% rating. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. put your Sleep Apnea Claim together right. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. It is the only thing that kept in the fight and especially it keeps sane and focus. My emphysema is connected. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. How to Connect Sleep Apnea to Military Service. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Just had C& P exam for sleep apnea. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. These pauses can happen several times an hour when the apnea is severe. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! See you on the inside! In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. We are sorry that this post was not as useful for you! Therefore you should be well prepared before submitting your claim. By doing this your claim will have the best chance possible. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. 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). Winning a VA claim to service connect sleep apnea is hard. endstream Are you a veteran who suffers from sleep apnea? IN THE APPEAL OF . c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. Youre arent alone. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. I believe that the VA and BVA do not take Sleep Apnea seriously. endstream I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence.
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