0 I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. There are 3 ways to get it: Chris, 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. Want More Information about VA Sleep Apnea? Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. However, the VA. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. about the threat of COVID-19 and Coronavirus. This is described as being foggy by patients. protected, calm and informed A noticeable sign of obstructive sleep apnea is snoring. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 2020 Strategic Veteran All Rights Reserved. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. See our article Burn Pit Presumptive Conditions. 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. You DESERVE a HIGHER VA rating.WE CAN HELP. You can subscribe to his Veterans Disability channel on YouTube. 1 0 obj Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Sleep apnea is a medically complex disorder. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Obstructive sleep apnea (OSA) is the most common type of sleep apnea. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. How to Get a 100 Percent VA Rating (if deserved)! Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ It is the only thing that kept in the fight and especially it keeps sane and focus. Also see our post What is a Service-Connected Disability? I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Winning a VA claim to service connect sleep apnea is hard. 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. 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. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). The question raised in this case is whether this "intermediate step" is limited to . Did the VA Benefit of the Doubt Rule just disappear? If you need assistance in appealing your claim for CFS,let us know here! 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.. Take advantage of a FREE VA Claim Discovery Call. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Service-Connected Sleep Apnea VA Claim | Strategic Veteran After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. (In many cases, amedical expert report or opinion may be crucial to success). Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. I cannot recommend Jason and his staff enough. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a I only have 50 days to file NOD, or file a BVA appeal within 1 year. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. You are going to have to think through your case as objectively as you possibly can. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 In my book Put it to Rest! Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Board of Veterans Appeals 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. However, if you use one, it does provide you with a higher rating. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Of course, I dont give legal advice on the Veterans Law Blog. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. fight to get their sleep apnea service-connected. Hot Dogs for Heroes 4th of July Event This Thursday! Its one thing to give you the ingredients for a chocolate cake. I talked to several doctors about the causes and limitations of sleep apnea. If you are hurt at work, this is the firm you want on YOUR side. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. San Jose, CA: 2880 Zanker Road, Ste. We are sorry that this post was not as useful for you! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. The same can be said about service-connected mental health conditions. Without a CPAP machine, the VA assigns a 30% rating. You are going to have to get a LOT of 5-Star Evidence. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Sleep Apnea in Gulf War Veterans - Public Health %%EOF Most Veterans are not proving sleep apnea is service connected. endstream Jason Perkins, was my lawyer in a workers comp. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. This field is for validation purposes and should be left unchanged. You cut off oxygen to the brain and blood, and other body systems break down. No current sleep study within the last 12 months, #2. NOW ITS YOUR TURN. I stated on my retirement physical that I sometimes have trouble sleeping at night. Please call for an appointment before visiting: Mail Processing Center: P.O. 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! Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. This means they make their claim without providing much proof. 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. How to Get a 100 Percent VA Rating (if deserved)! I can teach you how to do that. 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. This is what is called the Nexus. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Weve supported more than 15,000 veterans to win their claims and increase their ratings. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Can I Get a VA Rating for Sleep Apnea Secondary to Depression? A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. They were at all times attentive and on top of my case. Will be some time before answer but getting all the info I can. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Need a C&P exam for sleep apnea secondary to PTSD? Was your obstructive sleep apnea (OSA) VA claim denied? Both sinusitis and rhinitis are linked to sleep apnea. . If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. These pauses can happen several times an hour when the apnea is severe. Why? These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. We cant possibly cover each of those and the ways to service connect all of them in this one article. If you use a CPAP machine, then this should warrant a 50% rating. Your airway narrows and closes, leading to pauses in the breathing cycle. * WHAT evidencetouseandwhich path to Service Connectionto use. Even if youve been denied before, its not too late! Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. Just think about our veterans from older eras. *To prove your Sleep Apnea is service connected without a sleep study in the military? Is Sleep Apnea Could Be a Service-Connected VA Disability? (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. How can you learn more about these things? Just had C& P exam for sleep apnea. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law I believe the two are connected. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). * What if it wasnt diagnosed until years after service can I service connect it then? Whats the VAs Problem with Sleep Apnea? Required fields are marked *. endstream endobj 43 0 obj <>stream 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Chills and night sweats as well as low-grade fevers. 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. 7 0 obj 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Sounds easy enough, right? I talked to hundreds of Veterans and read their C-Files to see where they went wrong. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 * The importance ofamedical expert opinion in your Sleep Apnea claim. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Since that time, we have provided compassionate Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. A nexus letter is often the missing link in a VA claim. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I recd another denial (3rd) Jun 30, 2017. How is Chronic Fatigue Syndrome Diagnosed? Not presumptively. My expert agreed to write a rebuttal opinion to the VAs expert. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. 38 0 obj <> endobj ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Below is the schedule for rating disability for Chronic Fatigue Sundrome. There are three types, obstructive, central, and mixed. Required fields are marked *. Otherwise, I would properly ended up in mental health facility or going insane!!! This is in order to be officially diagnosed. How to File a Claim on VA.gov (step-by-step)! The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. VA Claims insider is an education-based coaching/consulting company. In our experience, most VA disability claims are won or lost based on medical evidence. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Without a CPAP machine, the VA assigns a 30% rating. Digestion issues like IBS (irritable bowel syndrome). IN THE APPEAL OF . Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Youll need to make the call on direct service connection versus secondary service connection. Proving Service-Connection for Sleep Apnea - VA Claims Insider 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! Has camp Lejeune exposures been linked to sleep apnea? 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. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Ann Margaret really took the time to explain things to me. 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