That is how I suggest you handle this situation. I have had cardiomegly X-rays while on active duty. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. This is in order to be officially diagnosed. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. I have also had a stroke. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> I talked to several doctors and sleep experts. * Can I service connect sleep apnea without a sleep study in service? In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Since that time, we have provided compassionate endstream endobj startxref 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. endobj hTOo0| 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. It's almost as much work - and it can often take as much dedication. 38 0 obj <> endobj If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. There are three types, obstructive, central, and mixed. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. I am also service connected for chronic bronchitis with a rating of 0 %. 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! Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. Without a CPAP machine, the VA assigns a 30% rating. 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. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Thousands of other Veterans in our Community are here for you. We can helpreach out so we can show you how. <>stream Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Physical therapy can be given to help maintain and improve mobility. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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! Take advantage of a FREE VA Claim Discovery Call. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. endobj %%EOF Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. * 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. z`tsd#Ex>@"A"M@+5;$ High blood pressure or hypertension can be easily developed due to stress acquired in active duty. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 4 0 obj 2023-03-04T21:20:56-05:00 This field is for validation purposes and should be left unchanged. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Thousands of other Veterans in our Community are here for you. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. SvKve5.YmPE}=;vpb -GW2RN I was diagnosed with OSA 10 years after separation. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. 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. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. Even if youve been denied before, its not too late! 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. Were Veterans, just like you, whove learned how to navigate within the VA system. 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. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Did the VA Benefit of the Doubt Rule just disappear? 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. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. How can you learn more about these things? If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. IN THE APPEAL OF . 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. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. <>stream I believe that the VA and BVA do not take Sleep Apnea seriously. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. The same can be said about service-connected mental health conditions. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Dont make the mistake so many other veterans have. I have sleep apnea diagnosed by the VA sleep study. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. My emphysema is connected. 2 0 obj Hot Dogs for Heroes 4th of July Event This Thursday! I recd another denial (3rd) Jun 30, 2017. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. endstream It only took three months. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. And that means you are going to have to think through your sleep apnea claim. They were at all times attentive and on top of my case. Its almost as much work and it can often take as much dedication. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. They denied injections the doctor recommended to ease my pain. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. I got a 50% rating. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. * Can Agent Orange cause Sleep Apnea? 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. I have sleep apnea and emphysema. This is what is called the Nexus. We see that quite often with sleep apnea claims. If you are already service-connected for your knees or your back, you are likely not as active as you once were. That said, the key here is making the connection from service to diagnosis. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Estimate your 2023 VA Rating & Compensation for FREE! FREE tips for Veterans to stay HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg I believe the two are connected. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Proving Service-Connection for Sleep Apnea. Below is the schedule for rating disability for Chronic Fatigue Sundrome. I filed to reopen my SA claim in 2016. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. In my book Put it to Rest! The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. The most trusted name in education-based resources for Veterans. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Also sinusitis, rhinitis, hypertension. How to Get a 100 Percent VA Rating (if deserved)! So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 As this represents a total grant . There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. You're not alone. 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. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. endobj As a fellow disabled Veteran this is shameful and Im on a mission to change it. VA Claims insider is an education-based coaching/consulting company. Was your obstructive sleep apnea (OSA) VA claim denied? And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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 ?). Dear Mr Attig: One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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 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. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Therefore you should be well prepared before submitting your claim. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. What about PTSD? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Do you have questions about how to service connect sleep apnea claims? uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a The BEST Path to Proving Sleep Apnea is Service Connected. Making the Sausage: Heres what you need to know about new VA Claims regulations. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. 2017-05-30T18:09:36-04:00 Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Most Veterans are not proving sleep apnea is service connected. Your first step is to be absolutely sure about what type of apnea you have. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The question raised in this case is whether this "intermediate step" is limited to . endobj 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. Below is the schedule for rating . Just think about our veterans from older eras. Give us a call at 800-477-9027 to see if we can help you. 203, San Jose, CA 95134 Youre arent alone. This may be even easier for you now because of a new VA new rule as of August 2, 2021. By doing this your claim will have the best chance possible. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. We would be happy to talk to you. 38 U.S.C.A. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea.
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