Learn more about us, Veterans Disability Claim endstream And you are going to have to presentit neatly andpersuasivelyto the VA. Digestion issues like IBS (irritable bowel syndrome). Any advice on getting sleep apnea service connected? I have a diagnosis and a CPAPwhy arent they granting my claim?. 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). 4 0 obj . Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. See our article Burn Pit Presumptive Conditions. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. 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. 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 I was diagnosed with OSA 10 years after separation. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. If you continue to use this site we will assume that you are happy with it. 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. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. I understand you want your VA claim to be done as quickly as possible. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Youll need to make the call on direct service connection versus secondary service connection. The transmission of an email request for information does not create an attorney client relationship. 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. * What if it wasnt diagnosed until years after service can I service connect it then? That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. We offer free resources and expertise to empower all Veterans. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Keep up the great work, and remember, the only way to lose is to give up! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. Without a CPAP machine, the VA assigns a 30% rating. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 7 0 obj Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Viet Nam Vet. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. 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. This means they make their claim without providing much proof. Even if youve been denied before, its not too late! I filed to reopen my SA claim in 2016. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. 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. There are three types, obstructive, central, and mixed. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Were Veterans, just like you, whove learned how to navigate within the VA system. Tender lymph nodes usually in the neck and underarms. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. How you mix them is the hard part. 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. Sleep apnea is a medically complex disorder. I believe the two are connected. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. You are going to have to get a LOT of 5-Star Evidence. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Just had C& P exam for sleep apnea. Honestly, they are just saying it. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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! Everyone I came in contact with there was very nice. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Local Wounded Veterans Gifted with Opportunities to Go Fishing. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. put your Sleep Apnea Claim together right. 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. Jason Perkins, was my lawyer in a workers comp. Are you a veteran who suffers from sleep apnea? This may be 20 or 30 years after the problems started. 2 0 obj Your email address will not be published. * Can Agent Orange cause Sleep Apnea? Estimate your 2023 VA Rating & Compensation for FREE! about the threat of COVID-19 Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! All Rights Reserved. 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Winning a VA Sleep Apnea is much harder. z`tsd#Ex>@"A"M@+5;$ VA Claims insider is an education-based coaching/consulting company. Was your obstructive sleep apnea (OSA) VA claim denied? Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Thousands of other Veterans in our Community are here for you. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. The VA classifies Sleep Apnea as a disability for which compensation is granted. How to Connect Sleep Apnea to Military Service. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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. 3. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. As this represents a total grant . Whats the VAs Problem with Sleep Apnea? 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. I also have central and obstructive sleep apnea which has been denied service connection. 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). Want More Information about VA Sleep Apnea? I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. Do You Owe Your Severance Pay Back to the VA? Yi-bR :z>r6iFR Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. sleep apnea is not the kind of disability associated with a wounded warrior. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Therefore you should be well prepared before submitting your claim. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. endobj Also sinusitis, rhinitis, hypertension. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). The BEST Path to Proving Sleep Apnea is Service Connected. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. and Coronavirus. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 endstream endobj 42 0 obj <>stream My expert agreed to write a rebuttal opinion to the VAs expert. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 203, San Jose, CA 95134 fight to get their sleep apnea service-connected. 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. Also see our post What is a Service-Connected Disability? I can teach you how to do that. What about PTSD? 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. My emphysema is connected. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Battle of DUAL-EXPERTS Chris, you called it!!! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. Copyright 2023 VA Claims Insider, LLC. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. Dont make the mistake so many other veterans have. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Give us a call at 800-477-9027 to see if we can help you. Sounds easy enough, right? The information contained on this web site is provided for informational purposes only and not legal advice. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Favorable BVA Case Law Precedent Example #2: LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. <>stream 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. 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! * 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). 38 0 obj <> endobj See R. at 8-9. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Without a CPAP machine, the VA assigns a 30% rating. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Proving Service-Connection for Sleep Apnea. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. If you have this condition, it causes the throat muscles to relax while sleeping. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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 ?). Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Your airway narrows and closes, leading to pauses in the breathing cycle. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg I cannot recommend Jason and his staff enough. 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. Do I Need a CPAP Machine to be Service-Connected? No current sleep study within the last 12 months, #2. Making the Sausage: Heres what you need to know about new VA Claims regulations. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. injury case. Your email address will not be published. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. . 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. Wc%X$(:ss!LCO^?4d *$ 2017-05-30T18:09:36-04:00 * Damage to the brain from a TBI (Traumatic Brain Injury). I dont want you to think about the EASY path to proving Sleep Apnea is service connected. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I have also had a stroke. I talked to several doctors and sleep experts. If you are lucky, you start breathing again. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. How to Get a 100 Percent VA Rating (if deserved)! Its over 165 pages long, and took 9 months of research. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. See id. Both anxiety and depression can also be linked to sleep apnea. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Copyright 2023 VA Claims Insider, LLC. protected, calm and informed 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Learn how your comment data is processed. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Will be some time before answer but getting all the info I can. Make sure to have your sleep study done. However, this has been thoroughly disproven. Kim was very helpful and any time I had a question she made sure I got an answer. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. That is how I suggest you handle this situation. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 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. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. I got a 50% rating. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. Of course, I dont give legal advice on the Veterans Law Blog. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. When I turned my case over to Jason things turned around, QUICK. Learn how your comment data is processed. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. 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. 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. 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). 8 0 obj Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Contact Us If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. I told you at the beginning I wantto change your thinking. 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). These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. (In many cases, amedical expert report or opinion may be crucial to success). 201 Bankhead Highway, Carrollton GA 30117770-285-1198. sleep apnea is DEADLY, my brother in law went out CAMPING. In order to help you with your secondary claim, we have put together this Insiders Guide! hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % The most trusted name in education-based resources for Veterans. If you use a CPAP machine, then this should warrant a 50% rating. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). This is a great group of people who really care about your well being.
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service connection for sleep apnea is granted