service connection for sleep apnea is granted

about the threat of COVID-19 * 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. 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! Are you a veteran who suffers from sleep apnea? 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Sleep Apnea in Gulf War Veterans - Public Health Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. San Jose, CA: 2880 Zanker Road, Ste. * How the VA willrate your sleep apnea condition after granting Service Connection. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Secondary Service Connection Nexus is simply a connection or series of connections linking two or more things. Learn more about us, Veterans Disability Claim 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. How to Hire an Attorney For Your VA Claim or Appeal. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Winning a VA claim to service connect sleep apnea is hard. FREE tips for Veterans to stay Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. We can helpreach out so we can show you how. 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. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Making the Sausage: Heres what you need to know about new VA Claims regulations. The VA classifies Sleep Apnea as a disability for which compensation is granted. Has camp Lejeune exposures been linked to sleep apnea? Were Veterans, just like you, whove learned how to navigate within the VA system. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. 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. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Also sinusitis, rhinitis, hypertension. 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! 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Allergies or sensitivities to foods, odors, chemicals, or noise. 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. 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. As this represents a total grant . Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. As a fellow disabled Veteran this is shameful and Im on a mission to change it. The VA uses two options for rating most sleep apnea claims. * Damage to the brain from a TBI (Traumatic Brain Injury). * Can I service connect sleep apnea without a sleep study in service? Your email address will not be published. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 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. Winning a VA claim to service connect sleep apnea is hard. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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). Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. However, if you use one, it does provide you with a higher rating. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. 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 Service Connected Sleep Apnea, Insomnia, & More | Berry Law If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. However, if you use one, it does provide you with a higher rating. Even if youve been denied before, its not too late! protected, calm and informed hTOo0| 3. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. And that means you are going to have to think through your sleep apnea claim. Did the VA Benefit of the Doubt Rule just disappear? How you mix them is the hard part. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. How to Hire an Attorney For Your VA Claim or Appeal. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Both sinusitis and rhinitis are linked to 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. A noticeable sign of obstructive sleep apnea is snoring. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. The most trusted name in education-based resources for Veterans. Therefore you should be well prepared before submitting your claim. 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. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Why? 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. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider 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. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. put your Sleep Apnea Claim together right. This means they make their claim without providing much proof. Your email address will not be published. I awake countless time at night due to this. The most trusted name in education-based resources for Veterans. 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. I have sleep apnea diagnosed by the VA sleep study. There are 3 ways to get it: Chris, 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. application/pdf 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Save my name, email, and website in this browser for the next time I comment. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. 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. 67 0 obj <>stream And that means you are going to have to think through your sleep apnea claim. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. How to File a Claim on VA.gov (step-by-step)! hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. I only have 50 days to file NOD, or file a BVA appeal within 1 year. How can you learn more about these things? Viet Nam Vet. 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. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). VA Disability for Sleep Apnea: Proving Service Connection 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. Tender lymph nodes usually in the neck and underarms. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Winning a VA Sleep Apnea is much harder. Just think about our veterans from older eras. Winning a VA Sleep Apnea is much harder. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. I read hundreds of cases. 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. For doing an awesome job. 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. 38 U.S.C.A. sleep apnea is DEADLY, my brother in law went out CAMPING. 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 <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Copyright 2023 VA Claims Insider, LLC. Board of Veterans Appeals No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Its one thing to give you the ingredients for a chocolate cake. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. endstream endobj 43 0 obj <>stream uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 endstream 1 0 obj 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT See id. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. <>stream Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. The information contained on this web site is provided for informational purposes only and not legal advice. Worsening of symptoms after activities. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Hence, the weight gain. I am service connected for chronic sinusitis with a 30% rating. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. But most veterans are not service-connected for this sinus condition. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. we represent clients nationwide. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Will be some time before answer but getting all the info I can. (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)! For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Did the VA Benefit of the Doubt Rule just disappear? I understand you want your VA claim to be done as quickly as possible. NOW ITS YOUR TURN. Thats $901.83 a month. BVA Decision Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library The problem is that many disabilities that arise in service are not actually diagnosed in service. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. endobj Take advantage of a FREE VA Claim Discovery Call. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 2020 Strategic Veteran All Rights Reserved. These pauses can happen several times an hour when the apnea is severe. Do You Owe Your Severance Pay Back to the VA? There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. * WHAT evidencetouseandwhich path to Service Connectionto use. %%EOF If you have this condition, it causes the throat muscles to relax while sleeping. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 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.