service connection for sleep apnea is granted service connection for sleep apnea is granted

We cant possibly cover each of those and the ways to service connect all of them in this one article. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. 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. 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. * 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). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. * What if it wasnt diagnosed until years after service can I service connect it then? The transmission of an email request for information does not create an attorney client relationship. 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. 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. How can you learn more about these things? Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. How to Get a 100 Percent VA Rating (if deserved)! 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. Instead, the leading cause of sleep apnea is weight gain. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Theres lots of literature available to back it up. You're not alone. * The importance ofamedical expert opinion in your Sleep Apnea claim. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 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. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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. % Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. caused or made worse by your active duty military service OR. You're not alone. Just think about our veterans from older eras. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 2017-05-30T18:09:36-04:00 VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). I cannot get the sleep apnea connected. Template for processing Decision or Remand Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 For doing an awesome job. Contact Us No current sleep study within the last 12 months, #2. Below is the schedule for rating disability for Chronic Fatigue Sundrome. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. But if your body cannot get sleep, you will die. You can lose your arms and legs and still survive. Nexus is simply a connection or series of connections linking two or more things. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Thousands of other Veterans in our Community are here for you. 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. It's almost as much work - and it can often take as much dedication. Weight gain can be tied to several different conditions. hTOo0| However, this has been thoroughly disproven. Camp Lejeune Lawsuit. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. If you are lucky, you start breathing again. 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. BVA Decision Its almost as much work and it can often take as much dedication. 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. 2020 Strategic Veteran All Rights Reserved. Favorable BVA Case Law Precedent Example #2: endobj * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 38 U.S.C.A. I recommend Perkins Law Firm. However, if you use one, it does provide you with a higher rating. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Winning a VA claim to service connect sleep apnea is hard. 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). Department of Veterans Affairs You DESERVE a HIGHER VA rating.WE CAN HELP. I read hundreds of cases. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Chris, thank you for the posts and training videos you are providing to veterans. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Below is the schedule for rating . * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. This means they make their claim without providing much proof. I disagree. protected, calm and informed 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. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. <>stream Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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 Sounds easy enough, right? Dear Mr Attig: The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. * How do I appeal the VAs denial of my Sleep Apnea? 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. That is how I suggest you handle this situation. The VA classifies Sleep Apnea as a disability for which compensation is granted. If you use a CPAP machine, then this should warrant a 50% rating. 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. Microsoft Word 2010 Winning a VA Sleep Apnea is much harder. 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. YEP!!! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. endstream endobj 42 0 obj <>stream I understand you want your VA claim to be done as quickly as possible. 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. They were at all times attentive and on top of my case. sleep apnea is not the kind of disability associated with a wounded warrior. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. * 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Therefore you should be well prepared before submitting your claim. What about PTSD? Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Battle of DUAL-EXPERTS Chris, you called it!!! 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. 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. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Any advice on getting sleep apnea service connected? 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! When I turned my case over to Jason things turned around, QUICK. 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 ?). 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. injury case. Allergies or sensitivities to foods, odors, chemicals, or noise. While we still have our home base in Florida, His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Andmy sleep study was not done in the military.. endobj 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Your airway narrows and closes, leading to pauses in the breathing cycle. 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. The question raised in this case is whether this "intermediate step" is limited to . I talked to hundreds of Veterans and read their C-Files to see where they went wrong. The same can be said about service-connected mental health conditions. about the threat of COVID-19 Youll need to make the call on direct service connection versus secondary service connection. . 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. Save my name, email, and website in this browser for the next time I comment. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. How you mix them is the hard part. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Without a CPAP machine, the VA assigns a 30% rating. 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. 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. But remember the ultimate goal to win your VA disability compensation claim. 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. endobj A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. Estimate your 2023 VA Rating & Compensation for FREE! Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. We see that quite often with sleep apnea claims. 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). This field is for validation purposes and should be left unchanged. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. Copyright 2023 VA Claims Insider, LLC. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Your voice is important especially when it comes to your own health care. This is described as being foggy by patients. VA claim for sleep apnea denied? In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I cannot recommend Jason and his staff enough. 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. 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 also have central and obstructive sleep apnea which has been denied service connection. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Did the VA Benefit of the Doubt Rule just disappear? I tried going it alone and the insurance carrier pushed me around. We would be happy to talk to you. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Also see our post What is a Service-Connected Disability? The VA uses two options for rating most sleep apnea claims. We offer free resources and expertise to empower all Veterans. Your email address will not be published. A noticeable sign of obstructive sleep apnea is snoring. 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. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Also sinusitis, rhinitis, hypertension. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Hot Dogs for Heroes 4th of July Event This Thursday! How to File a Claim on VA.gov (step-by-step)! Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. Winning a VA Sleep Apnea is much harder. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. Check out the Sleep Apnea Field Manual. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA.