service connection for sleep apnea is granted
They denied extra physical therapy. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. VA claim for sleep apnea denied? Youll need to make the call on direct service connection versus secondary service connection. I talked to several doctors and sleep experts. Sounds easy enough, right? 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD If you use a CPAP machine, then this should warrant a 50% rating. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the FREE tips for veterans to stay protected, calm and informed 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. about the threat of COVID-19 and Coronavirus. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. We see that quite often with sleep apnea claims. You cut off oxygen to the brain and blood, and other body systems break down. But most veterans are not service-connected for this sinus condition. Do You Owe Your Severance Pay Back to the VA? Yi-bR :z>r6iFR Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Ann Margaret really took the time to explain things to me. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. 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. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. I recommend Perkins Law Firm. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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. 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. A noticeable sign of obstructive sleep apnea is snoring. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 2023-03-04T21:20:56-05:00 I cannot recommend Jason and his staff enough. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Nexus is simply a connection or series of connections linking two or more things. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Dear Mr Attig: I have had cardiomegly X-rays while on active duty. 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. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Do you have questions about how to service connect sleep apnea claims? Your email address will not be published. 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. I believe the two are connected. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. I recd another denial (3rd) Jun 30, 2017. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I dont know if Im authorize a second run at the DRO or go straight to BVA. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Youre welcome, Sam! 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). 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. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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). Board of Veterans' Appeals (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 doing an awesome job. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. VA Disability for Sleep Apnea: Proving Service Connection endstream endobj 43 0 obj <>stream 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. This field is for validation purposes and should be left unchanged. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. I tried going it alone and the insurance carrier pushed me around. Jason Perkins, was my lawyer in a workers comp. However, most of the time, sleep apnea is a secondary claim. UNFORTUNATELY HE DIED.! VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v While we still have our home base in Florida, Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 2 0 obj * Damage to the brain from a TBI (Traumatic Brain Injury). San Jose, CA: 2880 Zanker Road, Ste. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. 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. Will be some time before answer but getting all the info I can. However, this has been thoroughly disproven. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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). * Can I service connect sleep apnea without a sleep study in service? Otherwise, I would properly ended up in mental health facility or going insane!!! * How do I appeal the VAs denial of my Sleep Apnea? . Sounds easy enough, right? Required fields are marked *. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! If you are already service-connected for your knees or your back, you are likely not as active as you once were. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. 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. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. This is what is called the Nexus. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. This is in order to be officially diagnosed. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. I have also had a stroke. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. These pauses can happen several times an hour when the apnea is severe. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Most Veterans are not proving sleep apnea is service connected. Need help claiming this crucial part of your claim? 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Your email address will not be published. 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. Winning a VA Sleep Apnea is much harder. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Both anxiety and depression can also be linked to sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Anxiety and depression can interfere with sleep patterns. 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. 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. 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. %%EOF VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law How to Service Connect Chronic Fatigue Syndrome In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Also sinusitis, rhinitis, hypertension. How to Connect Sleep Apnea to Military Service. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. How is Chronic Fatigue Syndrome Diagnosed? 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 This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. You DESERVE a HIGHER VA rating.WE CAN HELP. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Required fields are marked *. See you on the inside! =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Without a CPAP machine, the VA assigns a 30% rating. She has always had a passion for helping others and found inspiration from those she cared for. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. If you are hurt at work, this is the firm you want on YOUR side. Keep us posted Im eager to hear how it turns out! Was your obstructive sleep apnea (OSA) VA claim denied? Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. You're not alone. SvKve5.YmPE}=;vpb -GW2RN 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. *To prove your Sleep Apnea is service connected without a sleep study in the military? .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. We would be happy to talk to you. Those are the ingredients. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. 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. This means they make their claim without providing much proof. 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. YEP!!! That is how I suggest you handle this situation. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p In order to help you with your secondary claim, we have put together this Insiders Guide! We can helpreach out so we can show you how. 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 ?). This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. In my book Put it to Rest! injury case. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 4 0 obj LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. I told you at the beginning I wantto change your thinking. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Contact Us Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. 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. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Why? Estimate your 2023 VA Rating & Compensation for FREE! Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. Learn how your comment data is processed. We offer free resources and expertise to empower all Veterans. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. Thousands of other Veterans in our Community are here for you. As this represents a total grant . 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. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Worsening of symptoms after activities. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. I filed NOD in early 2017 request an informal DRO.
service connection for sleep apnea is granted