We can helpreach out so we can show you how. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 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. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. endstream Please call for an appointment before visiting: Mail Processing Center: P.O. SvKve5.YmPE}=;vpb -GW2RN 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. 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. application/pdf If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. 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. 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. 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. 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. 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. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Since there is no cure for CFS the treatment focuses on relief of the symptoms. And that means you are going to have to think through your sleep apnea claim. Copyright 2023 VA Claims Insider, LLC. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This means they make their claim without providing much proof. 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. Need help claiming this crucial part of your claim? Required fields are marked *. Copyright 2023 VA Claims Insider, LLC. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. With lay evidence AND medical evidence. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. How to Hire an Attorney For Your VA Claim or Appeal. Secondary Service Connection Everyone I came in contact with there was very nice. Youll need to make the call on direct service connection versus secondary service connection. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Digestion issues like IBS (irritable bowel syndrome). I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. 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. How to Hire an Attorney For Your VA Claim or Appeal. endstream
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Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 2023-03-04T21:20:56-05:00 <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Dear Mr Attig: Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. This is what is called the Nexus. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Favorable BVA Case Law Precedent Example #2: Its one thing to give you the ingredients for a chocolate cake. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. VA Claims insider is an education-based coaching/consulting company. Just had C& P exam for sleep apnea. 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. z`tsd#Ex>@"A"M@+5;$ Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Hepatitis C also causes insulin resistance. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. and Coronavirus. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Your email address will not be published. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. All Rights Reserved. The problem is that many disabilities that arise in service are not actually diagnosed in service. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. But if your body cannot get sleep, you will die. Second example.lets say the veteran has service connection for PTSD. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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. Youre arent alone. 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. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. If you use a CPAP machine, then this should warrant a 50% rating. 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. I also have central and obstructive sleep apnea which has been denied service connection. 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. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Winning a VA Sleep Apnea is much harder. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Keep up the great work, and remember, the only way to lose is to give up! All Rights Reserved. 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! I can teach you how to do that. The VA uses two options for rating most sleep apnea claims. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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? . * WHAT evidencetouseandwhich path to Service Connectionto use. In our experience, most VA disability claims are won or lost based on medical evidence. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. The same can be said about service-connected mental health conditions. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. I tried going it alone and the insurance carrier pushed me around. Save my name, email, and website in this browser for the next time I comment. I talked to several doctors and sleep experts. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I stated on my retirement physical that I sometimes have trouble sleeping at night. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Those are the ingredients. Weight gain can be tied to several different conditions. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. This is where I come in. 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. I recd another denial (3rd) Jun 30, 2017. A noticeable sign of obstructive sleep apnea is snoring. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. 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). 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. 1 0 obj 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. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Make sure to have your sleep study done. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. f%Ygaz~u&d_',BB)Kw4(wb B
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t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. 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. I recommend Perkins Law Firm. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! 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. Winning a VA Sleep Apnea is much harder. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! * How the VA willrate your sleep apnea condition after granting Service Connection. If you are hurt at work, this is the firm you want on YOUR side. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Any advice on getting sleep apnea service connected? 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. endstream Need a C&P exam for sleep apnea secondary to PTSD? You can lose your arms and legs and still survive. put your Sleep Apnea Claim together right. She has always had a passion for helping others and found inspiration from those she cared for. 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. There are 3 ways to get it: Chris, Without a CPAP machine, the VA assigns a 30% rating. Your email address will not be published. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Ann Margaret really took the time to explain things to me. The most trusted name in education-based resources for Veterans. Both anxiety and depression can also be linked to sleep apnea. 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! My claim was approved first time submitting. 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. * Can Agent Orange cause Sleep Apnea? Jason Perkins, was my lawyer in a workers comp. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. FREE tips for Veterans to stay The VA uses two options for rating most sleep apnea claims. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0
The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. No current sleep study within the last 12 months, #2. injury case. 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. THANK YOU AGAIN. 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. See R. at 8-9. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Also sinusitis, rhinitis, hypertension. 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. Of course, I dont give legal advice on the Veterans Law Blog. 2 0 obj High blood pressure or hypertension can be easily developed due to stress acquired in active duty. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. we represent clients nationwide. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. The question raised in this case is whether this "intermediate step" is limited to . endobj 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 ?). I only have 50 days to file NOD, or file a BVA appeal within 1 year. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Theres lots of literature available to back it up. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. How is Chronic Fatigue Syndrome Diagnosed? Do you have questions about how to service connect sleep apnea claims? Yi-bR :z>r6iFR I dont know if Im authorize a second run at the DRO or go straight to BVA. The most trusted name in education-based resources for Veterans. Below is the schedule for rating . Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I have sleep apnea diagnosed by the VA sleep study. 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, PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. I filed NOD in early 2017 request an informal DRO. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. about the threat of COVID-19 You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. endstream
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You can subscribe to his Veterans Disability channel on YouTube. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. Was your obstructive sleep apnea (OSA) VA claim denied?
Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. See our tips on how to obtain a credible nexus letter. Estimate your 2023 VA Rating & Compensation for FREE! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Battle of DUAL-EXPERTS Chris, you called it!!! Thanks for your concern and the blog. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4
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5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r You are going to have to think through your case as objectively as you possibly can. Most Veterans are not proving sleep apnea is service connected. <>stream Thats $901.83 a month. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them.