If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Andmy sleep study was not done in the military.. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. And that means you are going to have to think through your sleep apnea claim. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. FREE tips for Veterans to stay NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. We offer free resources and expertise to empower all Veterans. Sleep Apnea in Gulf War Veterans - Public Health Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 protected, calm and informed This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. You can lose your arms and legs and still survive. Learn more about us, Veterans Disability Claim 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. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. I filed NOD in early 2017 request an informal DRO. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Your voice is important especially when it comes to your own health care. I talked to several doctors about the causes and limitations of sleep apnea. 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. Board of Veterans Appeals Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. How to Service Connect Chronic Fatigue Syndrome I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Both anxiety and depression can also be linked to sleep apnea. Hence, the weight gain. 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. 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. Honestly, they are just saying it. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Chills and night sweats as well as low-grade fevers. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. See id. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. However, the VA. 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. 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. <>stream 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. Contact Us Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Youre welcome, Sam! The BEST Path to Proving Sleep Apnea is Service Connected. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. See you on the inside! This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. Hepatitis C also causes insulin resistance. We see that quite often with sleep apnea claims. Why? Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. You can lose a kidney, and live a full and complete life. VA Claims insider is an education-based coaching/consulting company. 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. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Tender lymph nodes usually in the neck and underarms. Which primary disabilities make the best claims for secondary service connection of sleep apnea? endobj I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. Jason Perkins, was my lawyer in a workers comp. How you mix them is the hard part. Theres lots of literature available to back it up. 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. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r They denied extra physical therapy. Unfortunately, VA does not always apply the law correctly. 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 Learn how your comment data is processed. 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! sleep apnea is DEADLY, my brother in law went out CAMPING. 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? This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Veterans Benefits Network-Sleep Apnea secondary to Service Connected I think that far too many raters and BVA judges think of sleep apnea as made up medicine. The most trusted name in education-based resources for Veterans. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 But if your body cannot get sleep, you will die. 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. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. Therefore you should be well prepared before submitting your claim. 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.. Proving Service-Connection for Sleep Apnea. I also have central and obstructive sleep apnea which has been denied service connection. While we still have our home base in Florida, Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. %PDF-1.4 I recommend Perkins Law Firm. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 If you use a CPAP machine, then this should warrant a 50% rating. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. 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. Your first step is to be absolutely sure about what type of apnea you have. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. endobj Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. I did not have a va physical until about 13 years after seperation from service. 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. Chris, thank you for the posts and training videos you are providing to veterans. Sleep apnea is a medically complex disorder. 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 c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 38 U.S.C.A. 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. % . Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. All Rights Reserved. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). z`tsd#Ex>@"A"M@+5;$ VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law THANK YOU AGAIN. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Estimate your 2023 VA Rating & Compensation for FREE! No current sleep study within the last 12 months, #2. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! put your Sleep Apnea Claim together right. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. endstream The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I believe the two are connected. 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. 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.

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