But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. 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. The transmission of an email request for information does not create an attorney client relationship. application/pdf endstream 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. Also sinusitis, rhinitis, hypertension. Kim was very helpful and any time I had a question she made sure I got an answer. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. I am service connected for chronic sinusitis with a 30% rating. 0 The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Copyright 2023 VA Claims Insider, LLC. 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. You can lose your arms and legs and still survive. Battle of DUAL-EXPERTS Chris, you called it!!! Both sinusitis and rhinitis are linked to sleep apnea. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Give us a call at 800-477-9027 to see if we can help you. . 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 ?). Just think about our veterans from older eras. Second example.lets say the veteran has service connection for PTSD. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Your voice is important especially when it comes to your own health care. 2023-03-04T21:20:56-05:00 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. 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. Were Veterans, just like you, whove learned how to navigate within the VA system. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. If you continue to use this site we will assume that you are happy with it. 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. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. If you have this condition, it causes the throat muscles to relax while sleeping. Need help claiming this crucial part of your claim? Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. The question raised in this case is whether this "intermediate step" is limited to . Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Everyone I came in contact with there was very nice. I did not have a va physical until about 13 years after seperation from service. Hepatitis C also causes insulin resistance. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a sleep apnea is not the kind of disability associated with a wounded warrior. We see that quite often with sleep apnea claims. I talked to several doctors about the causes and limitations of sleep apnea. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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. 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. This may be 20 or 30 years after the problems started. Allergies or sensitivities to foods, odors, chemicals, or noise. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. You're not alone. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Estimate your 2023 VA Rating & Compensation for FREE! * Can I service connect sleep apnea without a sleep study in service? yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. I have a diagnosis and a CPAPwhy arent they granting my claim?. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. Hot Dogs for Heroes 4th of July Event This Thursday! Like researchers that have been searching for the Holy Grail the harder they look, the less they find. FREE tips for veterans to stay protected, calm and informed Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. And that means you are going to have to think through your sleep apnea claim. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. lJ[bKeZ?LF;$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 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Thats what Sleep Apnea does while you are sleeping, you stop breathing. Proving Service-Connection for Sleep Apnea. Which primary disabilities make the best claims for secondary service connection of sleep apnea? If you need assistance in appealing your claim for CFS,let us know here! If you are hurt at work, this is the firm you want on YOUR side. Nexus is simply a connection or series of connections linking two or more things. 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. * How do I appeal the VAs denial of my Sleep Apnea? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. While we still have our home base in Florida, Worsening of symptoms after activities. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Was your obstructive sleep apnea (OSA) VA claim denied? Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. endstream endobj 43 0 obj <>stream Youll need to make the call on direct service connection versus secondary service connection. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 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). *To prove your Sleep Apnea is service connected without a sleep study in the military? we represent clients nationwide. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). I read hundreds of cases. endobj Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. 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. 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. Of course, I dont give legal advice on the Veterans Law Blog. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. How to Get a 100 Percent VA Rating (if deserved)! You can subscribe to his Veterans Disability channel on YouTube. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 1 0 obj Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. put your Sleep Apnea Claim together right. 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! 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). * What if it wasnt diagnosed until years after service can I service connect it then? It's almost as much work - and it can often take as much dedication. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. I also have central and obstructive sleep apnea which has been denied service connection. You are going to have to get a LOT of 5-Star Evidence. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. There are 3 ways to get it: Chris, I was diagnosed with OSA 10 years after separation. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Winning a VA Sleep Apnea is much harder. 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). solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Chris, thank you for the posts and training videos you are providing to veterans. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. See you on the inside! How is Chronic Fatigue Syndrome Diagnosed? The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Winning a VA Sleep Apnea is much harder. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Just had C& P exam for sleep apnea. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. % High blood pressure or hypertension can be easily developed due to stress acquired in active duty. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. Has camp Lejeune exposures been linked to sleep apnea? One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Dont make the mistake so many other veterans have. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. By doing this your claim will have the best chance possible. Your airway narrows and closes, leading to pauses in the breathing cycle. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Did the VA Benefit of the Doubt Rule just disappear? Camp Lejeune Lawsuit. 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. If you are lucky, you start breathing again. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. 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. Its an essential piece of evidence. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. How you mix them is the hard part. 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. Winning a VA claim to service connect sleep apnea is hard. 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. 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. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Contact Us However, most of the time, sleep apnea is a secondary claim. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 A noticeable sign of obstructive sleep apnea is snoring. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 How to Hire an Attorney For Your VA Claim or Appeal. fight to get their sleep apnea service-connected. 2017-05-30T18:09:36-04:00 This is described as being foggy by patients. I talked to several doctors and sleep experts. Need a C&P exam for sleep apnea secondary to PTSD? Your email address will not be published. Honestly, they are just saying it. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! No current sleep study within the last 12 months, #2. I am also service connected for chronic bronchitis with a rating of 0 %. And that means you are going to have to think through your sleep apnea claim. Below is the schedule for rating . 8 0 obj VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. It only took three months. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. endstream endobj startxref Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. * The importance ofamedical expert opinion in your Sleep Apnea claim. They were at all times attentive and on top of my case. z`tsd#Ex>@"A"M@+5;$ Please call for an appointment before visiting: Mail Processing Center: P.O. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. <>stream Department of Veterans Affairs Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Take advantage of a FREE VA Claim Discovery Call. 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, Save my name, email, and website in this browser for the next time I comment. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. 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. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. How to Hire an Attorney For Your VA Claim or Appeal. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 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. endstream This is a great group of people who really care about your well being. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Theres lots of literature available to back it up. Instead, the leading cause of sleep apnea is weight gain. 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. 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. Ann Margaret really took the time to explain things to me. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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.
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