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

In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Of course, I dont give legal advice on the Veterans Law Blog. 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. 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. I recd another denial (3rd) Jun 30, 2017. Your email address will not be published. Do you have questions about how to service connect sleep apnea claims? How to Hire an Attorney For Your VA Claim or Appeal. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Were Veterans, just like you, whove learned how to navigate within the VA system. <>stream Theres lots of literature available to back it up. 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. It is the only thing that kept in the fight and especially it keeps sane and focus. Favorable BVA Case Law Precedent Example #2: Weve supported more than 15,000 veterans to win their claims and increase their ratings. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. * 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). Excessive daytime sleepiness is the most noticeable signal for those who live alone. 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. However, this has been thoroughly disproven. 2020 Strategic Veteran All Rights Reserved. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. See our article Burn Pit Presumptive Conditions. Department of Veterans Affairs Battle of DUAL-EXPERTS Chris, you called it!!! (In many cases, amedical expert report or opinion may be crucial to success). Your voice is important especially when it comes to your own health care. Second example.lets say the veteran has service connection for PTSD. The VA uses two options for rating most sleep apnea claims. 67 0 obj <>stream 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. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. z`tsd#Ex>@"A"M@+5;$ I have tried to connect OSA secondary to chronic sinusitis which has also been denied. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. Hence, the weight gain. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 8 0 obj If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 2017-05-30T18:09:36-04:00 I tried going it alone and the insurance carrier pushed me around. There are three types, obstructive, central, and mixed. endstream endobj 42 0 obj <>stream (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)! *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. <>stream 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. I talked to several doctors and sleep experts. 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. Check out the Sleep Apnea Field Manual. Weight gain can be tied to several different conditions. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Which primary disabilities make the best claims for secondary service connection of sleep apnea? We would be happy to talk to you. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 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 haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Sounds easy enough, right? Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! How is Chronic Fatigue Syndrome Diagnosed? Like researchers that have been searching for the Holy Grail the harder they look, the less they find. yet assertive representation for our clients. Do I Need a CPAP Machine to be Service-Connected? % It only took three months. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. injury case. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 38 0 obj <> endobj A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. endobj Local Wounded Veterans Gifted with Opportunities to Go Fishing. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 See R. at 8-9. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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). Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. A noticeable sign of obstructive sleep apnea is snoring. 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. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. But remember the ultimate goal to win your VA disability compensation claim. 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). Thats $901.83 a month. I am also service connected for chronic bronchitis with a rating of 0 %. Those are the ingredients. We see that quite often with sleep apnea claims. endobj Andmy sleep study was not done in the military.. I believe the two are connected. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Your email address will not be published. If you have this condition, it causes the throat muscles to relax while sleeping. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. endobj 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 * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Take advantage of a FREE VA Claim Discovery Call. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches They were at all times attentive and on top of my case. 0 How to File a Claim on VA.gov (step-by-step)! 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. 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. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This is where I come in. 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. Headaches which are new or have become worse. However, if you use one, it does provide you with a higher rating. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Wc%X$(:ss!LCO^?4d *$ Why? This field is for validation purposes and should be left unchanged. Honestly, they are just saying it. 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. 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. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. Your email address will not be published. You can lose a kidney, and live a full and complete life. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. However, most of the time, sleep apnea is a secondary claim. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r I can teach you how to do that. Its one thing to give you the ingredients for a chocolate cake. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Give us a call at 800-477-9027 to see if we can help you. 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. %PDF-1.4 % If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The most trusted name in education-based resources for Veterans. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I was diagnosed with OSA 10 years after separation. 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. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a SvKve5.YmPE}=;vpb -GW2RN Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. San Jose, CA: 2880 Zanker Road, Ste. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. 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. Hot Dogs for Heroes 4th of July Event This Thursday! These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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 ?). * How do I appeal the VAs denial of my Sleep Apnea? According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. fight to get their sleep apnea service-connected. Viet Nam Vet. Template for processing Decision or Remand Its an essential piece of evidence. However, if you use one, it does provide you with a higher rating. I filed to reopen my SA claim in 2016. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 When I turned my case over to Jason things turned around, QUICK. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Unfortunately, VA does not always apply the law correctly. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Anxiety and depression can interfere with sleep patterns. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. VA Claims insider is an education-based coaching/consulting company. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. Chris, thank you for the posts and training videos you are providing to veterans. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! This means they make their claim without providing much proof. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). 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. 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. 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. The information contained on this web site is provided for informational purposes only and not legal advice. Instead, the leading cause of sleep apnea is weight gain. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Our firm was founded in 1986 in Orlando, Florida. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change 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. We are sorry that this post was not as useful for you! 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. I cannot get the sleep apnea 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. That is how I suggest you handle this situation. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Camp Lejeune Lawsuit. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Kim was very helpful and any time I had a question she made sure I got an answer. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Are you a veteran who suffers from sleep apnea? 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim.