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. 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Digestion issues like IBS (irritable bowel syndrome). I believe that the VA and BVA do not take Sleep Apnea seriously. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. Board of Veterans' Appeals Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 0 2023-03-04T21:20:56-05:00 I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Can I Get a VA Rating for Sleep Apnea Secondary to Depression? b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p *To prove your Sleep Apnea is service connected without a sleep study in the military? 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD When I turned my case over to Jason things turned around, QUICK. 7 0 obj uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a endstream endobj 43 0 obj <>stream In our experience, most VA disability claims are won or lost based on medical evidence. VA Disability Ratings for Hypertension and Sleep Apnea If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. 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. 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. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Is Sleep Apnea a Disability? A Guide for Veterans Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. and Coronavirus. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. See R. at 8-9. Wc%X$(:ss!LCO^?4d *$ This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. about the threat of COVID-19 and Coronavirus. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg I understand you want your VA claim to be done as quickly as possible. Your first step is to be absolutely sure about what type of apnea you have. How to Hire an Attorney For Your VA Claim or Appeal. 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. 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. I have sleep apnea diagnosed by the VA sleep study. 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. I talked to several doctors and sleep experts. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. 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. You are going to have to get a LOT of 5-Star Evidence. How to Hire an Attorney For Your VA Claim or Appeal. Any advice on getting sleep apnea service connected? The BEST Path to Proving Sleep Apnea is Service Connected. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. VA Claims insider is an education-based coaching/consulting company. Honestly, they are just saying it. %PDF-1.4 Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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! 67 0 obj <>stream document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Even if youve been denied before, its not too late! Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. We can helpreach out so we can show you how. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Weve supported more than 15,000 veterans to win their claims and increase their ratings. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law 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 And that means you are going to have to think through your sleep apnea claim. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Your email address will not be published. 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. 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. 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. 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. FREE tips for Veterans to stay yet assertive representation for our clients. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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 Learn how your comment data is processed. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. It is the only thing that kept in the fight and especially it keeps sane and focus. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. You can subscribe to his Veterans Disability channel on YouTube. endobj While we still have our home base in Florida, Your voice is important especially when it comes to your own health care. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Sounds easy enough, right? To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. How you mix them is the hard part. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Thats $901.83 a month. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. I also have central and obstructive sleep apnea which has been denied service connection. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. No current sleep study within the last 12 months, #2. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. We cant possibly cover each of those and the ways to service connect all of them in this one article. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. Hence, the weight gain. 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). Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. However, this has been thoroughly disproven. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 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. Contact Us Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. However, if you use one, it does provide you with a higher rating. I am service connected for chronic sinusitis with a 30% rating. injury case. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. I am also service connected for chronic bronchitis with a rating of 0 %. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Do You Owe Your Severance Pay Back to the VA? We offer free resources and expertise to empower all Veterans. 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. * WHAT evidencetouseandwhich path to Service Connectionto use. 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). ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. 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. Kim was very helpful and any time I had a question she made sure I got an answer. (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)! Keep us posted Im eager to hear how it turns out! A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Thousands of other Veterans in our Community are here for you. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Microsoft Word 2010 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). You can lose your arms and legs and still survive. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. . Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! If you use a CPAP machine, then this should warrant a 50% rating. I talked to several doctors about the causes and limitations of sleep apnea. See our article Burn Pit Presumptive Conditions. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Secondary Service Connection Has camp Lejeune exposures been linked to sleep apnea? I cannot get the sleep apnea connected. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Hepatitis C also causes insulin resistance. If you use a CPAP machine, then this should warrant a 50% rating. If you are lucky, you start breathing again. The question raised in this case is whether this "intermediate step" is limited to . Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. How to Get a 100 Percent VA Rating (if deserved)! Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. My claim was approved first time submitting. Department of Veterans Affairs 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 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. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Winning a VA claim to service connect sleep apnea is hard. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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). However, if you use one, it does provide you with a higher rating. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. The most trusted name in education-based resources for Veterans. Need help claiming this crucial part of your claim? We are sorry that this post was not as useful for you! Whats the VAs Problem with Sleep Apnea? Its an essential piece of evidence. hTOo0| * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 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. The problem is that many disabilities that arise in service are not actually diagnosed in service. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The VA classifies Sleep Apnea as a disability for which compensation is granted. Need a C&P exam for sleep apnea secondary to PTSD? 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 Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 4 0 obj 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. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? For doing an awesome job. 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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. 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. 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. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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 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. How to Get a 100 Percent VA Rating (if deserved)! This means they make their claim without providing much proof. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Nexus is simply a connection or series of connections linking two or more things. (In many cases, amedical expert report or opinion may be crucial to success). Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. we represent clients nationwide. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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. Tender lymph nodes usually in the neck and underarms. I have a diagnosis and a CPAPwhy arent they granting my claim?. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495
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