* 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). And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. The most trusted name in education-based resources for Veterans. 2023-03-04T21:20:56-05:00 The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. We are sorry that this post was not as useful for you! Excessive daytime sleepiness is the most noticeable signal for those who live alone. It is the only thing that kept in the fight and especially it keeps sane and focus. 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. 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. * How do I appeal the VAs denial of my Sleep Apnea? 8 0 obj To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. UNFORTUNATELY HE DIED.! 0 I talked to several doctors about the causes and limitations of sleep apnea. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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). But most veterans are not service-connected for this sinus condition. The same can be said about service-connected mental health conditions. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Youre arent alone. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. <>stream Even if youve been denied before, its not too late! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . The problem is that many disabilities that arise in service are not actually diagnosed in service. 3. In my book Put it to Rest! Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. 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. Are you a veteran who suffers from sleep apnea? Your email address will not be published. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. 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. Want More Information about VA 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. They denied injections the doctor recommended to ease my pain. Nexus is simply a connection or series of connections linking two or more things. Without a CPAP machine, the VA assigns a 30% rating. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Dear Mr Attig: solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. We offer free resources and expertise to empower all Veterans. 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 injury case. * Can Agent Orange cause Sleep Apnea? No blog, and no eBook can substitute for legal advice from an accredited VA attorney. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. Also see our post What is a Service-Connected Disability? 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. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. 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. 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. * 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Copyright 2023 VA Claims Insider, LLC. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. without his BI-PAP MACHINE,one up from CPAP,which i have. Will be some time before answer but getting all the info I can. Camp Lejeune Lawsuit. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. I recommend Perkins Law Firm. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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 September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Winning a VA claim to service connect sleep apnea is hard. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. . Any advice on getting sleep apnea service connected? You're not alone. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. we represent clients nationwide. In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. How to Hire an Attorney For Your VA Claim or Appeal. The transmission of an email request for information does not create an attorney client relationship. Take advantage of a FREE VA Claim Discovery Call. This is what is called the Nexus. The VA uses two options for rating most sleep apnea claims. I was diagnosed with OSA 10 years after separation. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Jason Perkins, was my lawyer in a workers comp. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Need a C&P exam for sleep apnea secondary to PTSD? (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. We see that quite often with sleep apnea claims. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). The first requirement which must be met to satisfy the VA is a sleep study. How to File a Claim on VA.gov (step-by-step)! YEP!!! The question raised in this case is whether this "intermediate step" is limited to . How can you learn more about these things? Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. Unfortunately, VA does not always apply the law correctly. Instead, the leading cause of sleep apnea is weight gain. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. z`tsd#Ex>@"A"M@+5;$ This is described as being foggy by patients. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. endobj Do you have questions about how to service connect sleep apnea claims? 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 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. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. The BEST Path to Proving Sleep Apnea is Service Connected. Why? VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. 2023-03-04T21:20:56-05:00 While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Your email address will not be published. They denied extra physical therapy. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. It's almost as much work - and it can often take as much dedication. This may be even easier for you now because of a new VA new rule as of August 2, 2021. If you are lucky, you start breathing again. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. Also sinusitis, rhinitis, hypertension. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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. Contact Us I stated on my retirement physical that I sometimes have trouble sleeping at night. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. %PDF-1.4 % 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. Sounds easy enough, right? 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. Required fields are marked *. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Even a previous diagnosis may not be accepted by the VA without a sleep study. hTOo0| Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. This is a great group of people who really care about your well being. I cannot get the sleep apnea connected. 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. My emphysema is connected. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 201 Bankhead Highway, Carrollton GA 30117770-285-1198. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. When I turned my case over to Jason things turned around, QUICK. 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. Your email address will not be published. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. Hot Dogs for Heroes 4th of July Event This Thursday! Most Veterans are not proving sleep apnea is service connected. 1 0 obj endobj application/pdf Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). That is how I suggest you handle this situation. Local Wounded Veterans Gifted with Opportunities to Go Fishing. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. My claim was approved first time submitting. I can teach you how to do that. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Do I Need a CPAP Machine to be Service-Connected? Those are the ingredients. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Estimate your 2023 VA Rating & Compensation for FREE! Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. 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. I cannot recommend Jason and his staff enough. and Coronavirus. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. If you are hurt at work, this is the firm you want on YOUR side. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. Chris, thank you for the posts and training videos you are providing to veterans. Youll need to make the call on direct service connection versus secondary service connection. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. How is Chronic Fatigue Syndrome Diagnosed? . Therefore you should be well prepared before submitting your claim. Thousands of other Veterans in our Community are here for you. We cant possibly cover each of those and the ways to service connect all of them in this one article. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Learn how your comment data is processed. FREE tips for Veterans to stay Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. See id. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Anxiety and depression can interfere with sleep patterns. 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. 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).
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