I did not have a va physical until about 13 years after seperation from service. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. The question raised in this case is whether this "intermediate step" is limited to . if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Template for processing Decision or Remand Did the VA Benefit of the Doubt Rule just disappear? endstream 67 0 obj <>stream FREE tips for Veterans to stay Why? Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. I filed NOD in early 2017 request an informal DRO. I tried going it alone and the insurance carrier pushed me around. We would be happy to talk to you. You're not alone. 7 0 obj The question raised in this case is whether this "intermediate step" is limited to . You are going to have to get a LOT of 5-Star Evidence. Sleep apnea is a medically complex disorder. 1 0 obj 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Below is the schedule for rating disability for Chronic Fatigue Sundrome. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Everyone I came in contact with there was very nice. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Has camp Lejeune exposures been linked to sleep apnea? If you are hurt at work, this is the firm you want on YOUR side. Winning a VA Sleep Apnea is much harder. Winning a VA claim to service connect sleep apnea is hard. How to Get a 100 Percent VA Rating (if deserved)! hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. We cant possibly cover each of those and the ways to service connect all of them in this one article. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. If you have this condition, it causes the throat muscles to relax while sleeping. Youre arent alone. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. * How the VA willrate your sleep apnea condition after granting Service Connection. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. I have sleep apnea and emphysema. Please call for an appointment before visiting: Mail Processing Center: P.O. Local Wounded Veterans Gifted with Opportunities to Go Fishing. endobj ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 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. Therefore you should be well prepared before submitting your claim. The problem is that many disabilities that arise in service are not actually diagnosed in service. This field is for validation purposes and should be left unchanged. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Both anxiety and depression can also be linked to sleep apnea. I am service connected for chronic sinusitis with a 30% rating. See id. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. They denied extra physical therapy. 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. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Its an essential piece of evidence. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. 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. Save my name, email, and website in this browser for the next time I comment. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Worsening of symptoms after activities. Just had C& P exam for sleep apnea. BVA Decision Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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). 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. I filed to reopen my SA claim in 2016. Sleep Apnea in Gulf War Veterans - Public Health presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. Hence, the weight gain. They were at all times attentive and on top of my case. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 38 U.S.C.A. 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 If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. See our article Burn Pit Presumptive Conditions. 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. For doing an awesome job. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Required fields are marked *. I cannot recommend Jason and his staff enough. Any advice on getting sleep apnea service connected? We are sorry that this post was not as useful for you! Learn more about us, Veterans Disability Claim I have sleep apnea diagnosed by the VA sleep study. VA Disability Ratings for Sleep Disturbances | CCK Law 38 0 obj <> endobj This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Estimate your 2023 VA Rating & Compensation for FREE! 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. SvKve5.YmPE}=;vpb -GW2RN A noticeable sign of obstructive sleep apnea is snoring. Headaches which are new or have become worse. %PDF-1.4 Microsoft Word 2010 Take advantage of a FREE VA Claim Discovery Call. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Your first step is to be absolutely sure about what type of apnea you have. *To prove your Sleep Apnea is service connected without a sleep study in the military? Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT And you are going to have to presentit neatly andpersuasivelyto the VA. See you on the inside! Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. This may be 20 or 30 years after the problems started. Not presumptively. You're not alone. 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. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Thousands of other Veterans in our Community are here for you. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Those are the ingredients. <>stream I believe the two are connected. Thanks for your concern and the blog. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. If you need assistance in appealing your claim for CFS,let us know here! Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. Keep up the great work, and remember, the only way to lose is to give up! Weight gain can be tied to several different conditions. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. How to Connect Sleep Apnea to Military Service. Thousands of other Veterans in our Community are here for you. VA Disability Ratings for Hypertension and Sleep Apnea Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. However, most of the time, sleep apnea is a secondary claim. However, the VA. Required fields are marked *. Making the Sausage: Heres what you need to know about new VA Claims regulations. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. The information contained on this web site is provided for informational purposes only and not legal advice. Gulf War Illness and Presumptive Service Connection. 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. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Your email address will not be published. See our tips on how to obtain a credible nexus letter. Do you have questions about how to service connect sleep apnea claims? Its almost as much work and it can often take as much dedication. There are 3 ways to get it: Chris, Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 2017-05-30T18:09:36-04:00 That is how I suggest you handle this situation. VA Claims insider is an education-based coaching/consulting company. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 2023-03-04T21:20:56-05:00 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). Is Sleep Apnea Could Be a Service-Connected VA Disability? I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. I have had cardiomegly X-rays while on active duty. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. 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. Most Veterans are not proving sleep apnea is service connected. endobj 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. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. They denied injections the doctor recommended to ease my pain. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . You can lose a kidney, and live a full and complete life. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. You can subscribe to his Veterans Disability channel on YouTube. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. 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. Favorable BVA Case Law Precedent Example #2: f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Excessive daytime sleepiness is the most noticeable signal for those who live alone. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 * WHAT evidencetouseandwhich path to Service Connectionto use. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. Do You Owe Your Severance Pay Back to the VA? I awake countless time at night due to this. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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 and Coronavirus. 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. 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.. <>stream b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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). *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). I talked to several doctors and sleep experts. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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. Physical therapy can be given to help maintain and improve mobility. 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. San Jose, CA: 2880 Zanker Road, Ste. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. put your Sleep Apnea Claim together right. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 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 youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. However, if you use one, it does provide you with a higher rating. 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. 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. Anxiety and depression can interfere with sleep patterns. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Its over 165 pages long, and took 9 months of research.
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