In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices However, the VA. Excessive daytime sleepiness is the most noticeable signal for those who live alone. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Learn how your comment data is processed. Viet Nam Vet. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? %PDF-1.4 % Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. Our firm was founded in 1986 in Orlando, Florida. They were at all times attentive and on top of my case. There are 3 ways to get it: Chris, 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. See id. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. . Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Learn how your comment data is processed. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. endstream endobj startxref How to Connect Sleep Apnea to Military Service. 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. 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 have this condition, it causes the throat muscles to relax while sleeping. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. This is described as being foggy by patients. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. FREE tips for Veterans to stay Your voice is important especially when it comes to your own health care. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. put your Sleep Apnea Claim together right. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Both sinusitis and rhinitis are linked to sleep apnea. However, this has been thoroughly disproven. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. My claim was approved first time submitting. I have had cardiomegly X-rays while on active duty. This field is for validation purposes and should be left unchanged. Those are the ingredients. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. Take advantage of a FREE VA Claim Discovery Call. Whats the VAs Problem with Sleep Apnea? entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. 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. 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. and Coronavirus. 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. However, if you use one, it does provide you with a higher rating. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Nexus is simply a connection or series of connections linking two or more things. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. My emphysema is connected. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 7 0 obj Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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). Obstructive sleep apnea (OSA) is the most common type of sleep apnea. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. The rate was a staggering 22%. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Hepatitis C also causes insulin resistance. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. They denied injections the doctor recommended to ease my pain. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. It is the only thing that kept in the fight and especially it keeps sane and focus. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. You're not alone. Your airway narrows and closes, leading to pauses in the breathing cycle. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. This means they make their claim without providing much proof. 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. Youre welcome, Sam! I think that far too many raters and BVA judges think of sleep apnea as made up medicine. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 4 0 obj 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Do You Owe Your Severance Pay Back to the VA? hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Your email address will not be published. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c To find the definitive guide for service-connection for sleep apnea, check it out here. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Below is the schedule for rating . Will be some time before answer but getting all the info I can. Save my name, email, and website in this browser for the next time I comment. And that means you are going to have to think through your sleep apnea claim. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Any advice on getting sleep apnea service connected? HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. That is how I suggest you handle this situation. Therefore you should be well prepared before submitting your claim. The most trusted name in education-based resources for Veterans. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. The transmission of an email request for information does not create an attorney client relationship. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Everyone I came in contact with there was very nice. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. * Can I service connect sleep apnea without a sleep study in service? 2 0 obj 0 The first requirement which must be met to satisfy the VA is a sleep study. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Thousands of other Veterans in our Community are here for you. Give us a call at 800-477-9027 to see if we can help you. yet assertive representation for our clients. I tried going it alone and the insurance carrier pushed me around. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Local Wounded Veterans Gifted with Opportunities to Go Fishing. * Many Vietnam Veterans exposed to Agent Orange suffer from 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. Sleep apnea is a medically complex disorder. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. All Rights Reserved. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Sounds easy enough, right? I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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). Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. I have a diagnosis and a CPAPwhy arent they granting my claim?. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 2017-05-30T18:09:36-04:00 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. Required fields are marked *. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. Your email address will not be published. Dear Mr Attig: Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. We can helpreach out so we can show you how. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. The VA uses two options for rating most sleep apnea claims. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 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. This is a great group of people who really care about your well being. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Both anxiety and depression can also be linked to sleep apnea. The question raised in this case is whether this "intermediate step" is limited to . Do you have questions about how to service connect sleep apnea claims? Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w SvKve5.YmPE}=;vpb -GW2RN Youre arent alone. Scenario 2: The Veteran has a current diagnosis of sleep apnea. It's almost as much work - and it can often take as much dedication. Was your obstructive sleep apnea (OSA) VA claim denied? I cannot get the sleep apnea connected. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. You can subscribe to his Veterans Disability channel on YouTube. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Since that time, we have provided compassionate aggravated beyond its natural progression by another service-connected condition (for secondary service connection). However, if you use one, it does provide you with a higher rating. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. VA Claims insider is an education-based coaching/consulting company. I did not have a va physical until about 13 years after seperation from service. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Its one thing to give you the ingredients for a chocolate cake. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. without his BI-PAP MACHINE,one up from CPAP,which i have. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Also see our post What is a Service-Connected Disability? If you continue to use this site we will assume that you are happy with it. 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. Winning a VA Sleep Apnea is much harder. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. hTOo0| I cannot recommend Jason and his staff enough. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 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. UNFORTUNATELY HE DIED.! Even if youve been denied before, its not too late! There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. sleep apnea is DEADLY, my brother in law went out CAMPING. Making the Sausage: Heres what you need to know about new VA Claims regulations. I have sleep apnea diagnosed by the VA sleep study. 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. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. You're not alone. 2020 Strategic Veteran All Rights Reserved. This may be even easier for you now because of a new VA new rule as of August 2, 2021. 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. For doing an awesome job. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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). Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Your email address will not be published. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. %PDF-1.4 Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). 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. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. That said, the key here is making the connection from service to diagnosis. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Template for processing Decision or Remand uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 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. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Did the VA Benefit of the Doubt Rule just disappear? See our article Burn Pit Presumptive Conditions. we represent clients nationwide. I can teach you how to do that. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Yi-bR :z>r6iFR 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream * The importance ofamedical expert opinion in your Sleep Apnea claim. How to Hire an Attorney For Your VA Claim or Appeal. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Microsoft Word 2010 Hot Dogs for Heroes 4th of July Event This Thursday! Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. San Jose, CA: 2880 Zanker Road, Ste. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes.

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