If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. %PDF-1.4 Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Need a C&P exam for sleep apnea secondary to PTSD? It's almost as much work - and it can often take as much dedication. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. Even a previous diagnosis may not be accepted by the VA without a sleep study. The problem is that many disabilities that arise in service are not actually diagnosed in service. 2017-05-30T18:09:36-04:00 A noticeable sign of obstructive sleep apnea is snoring. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Why? aggravated beyond its natural progression by another service-connected condition (for secondary service connection). This is where I come in. This field is for validation purposes and should be left unchanged. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Favorable BVA Case Law Precedent Example #2: 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. How can you learn more about these things? Check out the Sleep Apnea Field Manual. Required fields are marked *. VA claim for sleep apnea denied? Medical opinions will be CRUCIAL, as these are not NECESSARY connections.
A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Its one thing to give you the ingredients for a chocolate cake. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. application/pdf Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. The VA uses two options for rating most sleep apnea claims. 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. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. The BEST Path to Proving Sleep Apnea is Service Connected. NOW ITS YOUR TURN. I disagree. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. It is the only thing that kept in the fight and especially it keeps sane and focus. endobj 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? 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. Make sure to have your sleep study done. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. YEP!!! Thanks for your concern and the blog. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The most trusted name in education-based resources for Veterans. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. You DESERVE a HIGHER VA rating.WE CAN HELP. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Which primary disabilities make the best claims for secondary service connection of sleep apnea? sleep apnea is not the kind of disability associated with a wounded warrior. My sleep apnea is worsened when I lie on my back and I still have loss of breath. With lay evidence AND medical evidence. I am service connected for chronic sinusitis with a 30% rating. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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 Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. % 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). 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. You can lose your arms and legs and still survive. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 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. The information contained on this web site is provided for informational purposes only and not legal advice. Everyone I came in contact with there was very nice. endobj =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm
/! put your Sleep Apnea Claim together right. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Andmy sleep study was not done in the military.. endstream
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However, if you use one, it does provide you with a higher rating. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. Chills and night sweats as well as low-grade fevers. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Youre welcome, Sam! Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. 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. %PDF-1.4
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Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. * 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). HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. See you on the inside! San Jose, CA: 2880 Zanker Road, Ste. You can subscribe to his Veterans Disability channel on YouTube. Required fields are marked *. Your email address will not be published. Do You Owe Your Severance Pay Back to the VA? Any advice on getting sleep apnea service connected? Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Weight gain can be tied to several different conditions. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 How to Get a 100 Percent VA Rating (if deserved)! and Coronavirus. If you use a CPAP machine, then this should warrant a 50% rating. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This is a great group of people who really care about your well being. Weve supported more than 15,000 veterans to win their claims and increase their ratings. endobj 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. The transmission of an email request for information does not create an attorney client relationship. Thousands of other Veterans in our Community are here for you. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. Sounds easy enough, right? Microsoft Word 2010 All Rights Reserved. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 2023-03-04T21:20:56-05:00 IN THE APPEAL OF . presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. Estimate your 2023 VA Rating & Compensation for FREE! 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. I have sleep apnea diagnosed by the VA sleep study. Not presumptively. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. However, this has been thoroughly disproven. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. If you are hurt at work, this is the firm you want on YOUR side. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. They denied extra physical therapy. 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. Second example.lets say the veteran has service connection for PTSD. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Both sinusitis and rhinitis are linked to sleep apnea. 1 0 obj Lesson #2: Sleep Apnea is affectinga LOTof Veterans. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. These pauses can happen several times an hour when the apnea is severe. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Need help claiming this crucial part of your claim? Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd
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Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. 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. 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).
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