service connection for sleep apnea is granted service connection for sleep apnea is granted

caused or made worse by your active duty military service OR. Whats the VAs Problem with Sleep Apnea? Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Also see our post What is a Service-Connected Disability? The same can be said about service-connected mental health conditions. 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. Andmy sleep study was not done in the military.. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Need help claiming this crucial part of your claim? 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. These pauses can happen several times an hour when the apnea is severe. However, if you use one, it does provide you with a higher rating. Wc%X$(:ss!LCO^?4d *$ 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. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. VA claim for sleep apnea denied? I have sleep apnea and emphysema. Did the VA Benefit of the Doubt Rule just disappear? Any advice on getting sleep apnea service connected? * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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.. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). * Can Agent Orange cause Sleep Apnea? * Damage to the brain from a TBI (Traumatic Brain Injury). Digestion issues like IBS (irritable bowel syndrome). This is where I come in. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm 201 Bankhead Highway, Carrollton GA 30117770-285-1198. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. And that means you are going to have to think through your sleep apnea claim. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. We can helpreach out so we can show you how. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. My sleep apnea is worsened when I lie on my back and I still have loss of breath. You cut off oxygen to the brain and blood, and other body systems break down. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. 7 0 obj See R. at 8-9. In fact, sleep deprivation is a common form of torture, as many of us know all too well. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. %PDF-1.4 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. 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. * How the VA willrate your sleep apnea condition after granting Service Connection. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. NOW ITS YOUR TURN. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. She has always had a passion for helping others and found inspiration from those she cared for. Jason Perkins, was my lawyer in a workers comp. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 2017-05-30T18:09:36-04:00 The BEST Path to Proving Sleep Apnea is Service Connected. Sleep apnea is a medically complex disorder. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Take advantage of a FREE VA Claim Discovery Call. Anxiety and depression can interfere with sleep patterns. See our article Burn Pit Presumptive Conditions. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! 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. Chris, thank you for the posts and training videos you are providing to veterans. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. 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 awake countless time at night due to this. hTOo0| I am also service connected for chronic bronchitis with a rating of 0 %. I cannot get the sleep apnea connected. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. When I turned my case over to Jason things turned around, QUICK. How to Get a 100 Percent VA Rating (if deserved)! Headaches which are new or have become worse. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. I can teach you how to do that. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Your voice is important especially when it comes to your own health care. I got a 50% rating. yet assertive representation for our clients. * 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). I dont want you to think about the EASY path to proving Sleep Apnea is service connected. The information contained on this web site is provided for informational purposes only and not legal advice. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Department of Veterans Affairs Youll need to make the call on direct service connection versus secondary service connection. In order to help you with your secondary claim, we have put together this Insiders Guide! <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Second example.lets say the veteran has service connection for PTSD. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 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. Its one thing to give you the ingredients for a chocolate cake. 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. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 0 Are you a veteran who suffers from sleep apnea? This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. *To prove your Sleep Apnea is service connected without a sleep study in the military? <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. For doing an awesome job. You are going to have to get a LOT of 5-Star Evidence. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. If you are lucky, you start breathing again. <>stream endstream I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. * WHAT evidencetouseandwhich path to Service Connectionto use. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. My emphysema is connected. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Weve supported more than 15,000 veterans to win their claims and increase their ratings. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Without a CPAP machine, the VA assigns a 30% rating. I am service connected for chronic sinusitis with a 30% rating. Its an essential piece of evidence. about the threat of COVID-19 Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Winning a VA claim to service connect sleep apnea is hard. 2023-03-04T21:20:56-05:00 So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Ann Margaret really took the time to explain things to me. Winning a VA claim to service connect sleep apnea is hard. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. See you on the inside! Do you have questions about how to service connect sleep apnea claims? I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability You DESERVE a HIGHER VA rating.WE CAN HELP. Youre welcome, Sam! Honestly, they are just saying it. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Youre arent alone. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Without a CPAP machine, the VA assigns a 30% rating. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. If you need assistance in appealing your claim for CFS,let us know here! No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. That is how I suggest you handle this situation. Save my name, email, and website in this browser for the next time I comment. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. How you mix them is the hard part. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I read hundreds of cases. 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. 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. 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). Below is the schedule for rating . 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I have had cardiomegly X-rays while on active duty. But most veterans are not service-connected for this sinus condition. This field is for validation purposes and should be left unchanged. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Contact Us 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. Your email address will not be published. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. (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)! 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. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Viet Nam Vet. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. about the threat of COVID-19 and Coronavirus. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. 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. Proving Service-Connection for Sleep Apnea. The first requirement which must be met to satisfy the VA is a sleep study. % HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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! ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3