service connection for sleep apnea is granted

I awake countless time at night due to this. 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. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD The most trusted name in education-based resources for Veterans. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Your email address will not be published. Learn more about us, Veterans Disability Claim Source: Department of Veteran Affairs Regional Office New Orleans, LA. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Andmy sleep study was not done in the military.. Learn how your comment data is processed. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. See R. at 8-9. You can lose your arms and legs and still survive. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. How is Chronic Fatigue Syndrome Diagnosed? Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 How to Get a 100 Percent VA Rating (if deserved)! % Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. endstream endobj 43 0 obj <>stream Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. As this represents a total grant . These pauses can happen several times an hour when the apnea is severe. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. 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. I understand you want your VA claim to be done as quickly as possible. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider The information contained on this web site is provided for informational purposes only and not legal advice. 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). Medical opinions will be CRUCIAL, as these are not NECESSARY connections. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. . (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)! Please call for an appointment before visiting: Mail Processing Center: P.O. But if your body cannot get sleep, you will die. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Just had C& P exam for sleep apnea. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. * Can Agent Orange cause Sleep Apnea? 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. *To prove your Sleep Apnea is service connected without a sleep study in the military? protected, calm and informed 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. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. If you are already service-connected for your knees or your back, you are likely not as active as you once were. hTOo0| Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. It is the only thing that kept in the fight and especially it keeps sane and focus. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). We see that quite often with sleep apnea claims. I have also had a stroke. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Were Veterans, just like you, whove learned how to navigate within the VA system. However, if you use one, it does provide you with a higher rating. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! To find the definitive guide for service-connection for sleep apnea, check it out here. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Do I Need a CPAP Machine to be Service-Connected? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. 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. Youll need to make the call on direct service connection versus secondary service connection. My sleep apnea is worsened when I lie on my back and I still have loss of breath. VA claim for sleep apnea denied? lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Its an entirely different thing to mix those ingredients so that they turn into a cake. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Estimate your 2023 VA Rating & Compensation for FREE! and Coronavirus. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Give us a call at 800-477-9027 to see if we can help you. This field is for validation purposes and should be left unchanged. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). A noticeable sign of obstructive sleep apnea is snoring. No current sleep study within the last 12 months, #2. Board of Veterans' Appeals Anxiety and depression can interfere with sleep patterns. 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. They denied injections the doctor recommended to ease my pain. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. The problem is that many disabilities that arise in service are not actually diagnosed in service. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Contact Us Kim was very helpful and any time I had a question she made sure I got an answer. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. See our tips on how to obtain a credible nexus letter. 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. How you mix them is the hard part. 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. Both sinusitis and rhinitis are linked to sleep apnea. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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). LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. You cut off oxygen to the brain and blood, and other body systems break down. 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. It only took three months. 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. The VA uses two options for rating most sleep apnea claims. Viet Nam Vet. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Most Veterans are not proving sleep apnea is service connected. Our firm was founded in 1986 in Orlando, Florida. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c I did not have a va physical until about 13 years after seperation from service. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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.. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Winning a VA Sleep Apnea is much harder. UNFORTUNATELY HE DIED.! Weve supported more than 15,000 veterans to win their claims and increase their ratings. Keep us posted Im eager to hear how it turns out! solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! 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. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! The VA uses two options for rating most sleep apnea claims. 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. If you have this condition, it causes the throat muscles to relax while sleeping. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Even if youve been denied before, its not too late! Below is the schedule for rating disability for Chronic Fatigue Sundrome. Was your obstructive sleep apnea (OSA) VA claim denied? This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 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. fight to get their sleep apnea service-connected. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. I talked to several doctors and sleep experts. 2023-03-04T21:20:56-05:00 One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. yet assertive representation for our clients. Thats $901.83 a month. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. endobj Instead, the leading cause of sleep apnea is weight gain. The question raised in this case is whether this "intermediate step" is limited to . Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. The first requirement which must be met to satisfy the VA is a sleep study. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. I tried going it alone and the insurance carrier pushed me around. I can teach you how to do that. 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 No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. How to Hire an Attorney For Your VA Claim or Appeal. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 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. I disagree. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a The VA classifies Sleep Apnea as a disability for which compensation is granted. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. We can helpreach out so we can show you how. Thousands of other Veterans in our Community are here for you. put your Sleep Apnea Claim together right. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Copyright 2023 VA Claims Insider, LLC. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Proving Service-Connection for Sleep Apnea. I was diagnosed with OSA 10 years after separation. Take advantage of a FREE VA Claim Discovery Call. While we still have our home base in Florida, Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Favorable BVA Case Law Precedent Example #2: Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. application/pdf

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