service connection for sleep apnea is granted

Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. . Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * Can Agent Orange cause Sleep Apnea? Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Your email address will not be published. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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. VA Claims insider is an education-based coaching/consulting company. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Proving Service-Connection for Sleep Apnea. Need a C&P exam for sleep apnea secondary to PTSD? 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 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. IN THE APPEAL OF . Headaches which are new or have become worse. endobj <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Its almost as much work and it can often take as much dedication. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Which primary disabilities make the best claims for secondary service connection of sleep apnea? endobj Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. protected, calm and informed =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. endstream Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Chris, thank you for the posts and training videos you are providing to veterans. If you have this condition, it causes the throat muscles to relax while sleeping. 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. I am also service connected for chronic bronchitis with a rating of 0 %. 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. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Whats the VAs Problem with Sleep Apnea? Winning a VA Sleep Apnea is much harder. * How do I appeal the VAs denial of my Sleep Apnea? After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. I filed to reopen my SA claim in 2016. I believe the two are connected. %%EOF Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Wc%X$(:ss!LCO^?4d *$ 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. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. put your Sleep Apnea Claim together right. This means they make their claim without providing much proof. We are sorry that this post was not as useful for you! VA Disability for Sleep Apnea: Proving Service Connection How is Chronic Fatigue Syndrome Diagnosed? 2017-05-30T18:09:36-04:00 If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? 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. My claim was approved first time submitting. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. endstream endobj 42 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. <>stream The same can be said about service-connected mental health conditions. 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. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. 0 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. The VA uses two options for rating most sleep apnea claims. I stated on my retirement physical that I sometimes have trouble sleeping at night. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Check out the Sleep Apnea Field Manual. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. 38 U.S.C.A. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I have had cardiomegly X-rays while on active duty. 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. *To prove your Sleep Apnea is service connected without a sleep study in the military? 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 2023-03-04T21:20:56-05:00 Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Our firm was founded in 1986 in Orlando, Florida. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. See id. In our experience, most VA disability claims are won or lost based on medical evidence. No current sleep study within the last 12 months, #2. You are going to have to get a LOT of 5-Star Evidence. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Your email address will not be published. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. And you are going to have to presentit neatly andpersuasivelyto the VA. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Hepatitis C also causes insulin resistance. 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 and Coronavirus. These pauses can happen several times an hour when the apnea is severe. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. BVA Decision 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). 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. I talked to several doctors and sleep experts. How to Get a 100 Percent VA Rating (if deserved)! Save my name, email, and website in this browser for the next time I comment. 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 How to Hire an Attorney For Your VA Claim or Appeal. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. See R. at 8-9. 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. 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 ?). 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. San Jose, CA: 2880 Zanker Road, Ste. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. VA claim for sleep apnea denied? Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 How you mix them is the hard part. Battle of DUAL-EXPERTS Chris, you called it!!! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Your voice is important especially when it comes to your own health care. Tender lymph nodes usually in the neck and underarms. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Learn how your comment data is processed. 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. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Just think about our veterans from older eras. Gulf War Illness and Presumptive Service Connection. 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. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches If you need assistance in appealing your claim for CFS,let us know here! Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . While we still have our home base in Florida, 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. I am service connected for chronic sinusitis with a 30% rating. Local Wounded Veterans Gifted with Opportunities to Go Fishing. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Learn how your comment data is processed. we represent clients nationwide. I also have central and obstructive sleep apnea which has been denied service connection. Winning a VA claim to service connect sleep apnea is hard. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. . 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. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA 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. Jason Perkins, was my lawyer in a workers comp. This is in order to be officially diagnosed. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. All Rights Reserved. With lay evidence AND medical evidence. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law 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). The BEST Path to Proving Sleep Apnea is Service Connected. The most trusted name in education-based resources for Veterans. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Unfortunately, VA does not always apply the law correctly. 1 0 obj That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. 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. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I did not have a va physical until about 13 years after seperation from service. They denied extra physical therapy. Sleep apnea is a medically complex disorder. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Yi-bR :z>r6iFR I cannot get the sleep apnea connected. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * What if it wasnt diagnosed until years after service can I service connect it then? How to Hire an Attorney For Your VA Claim or Appeal. We would be happy to talk to you. Your first step is to be absolutely sure about what type of apnea you have. This field is for validation purposes and should be left unchanged. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Secondary Service Connection Do you have questions about how to service connect sleep apnea claims? 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. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 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. injury case. 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. 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. Honestly, they are just saying it. 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. 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. This is described as being foggy by patients. Winning a VA claim to service connect sleep apnea is hard. I got a 50% rating. Below is the schedule for rating . UNFORTUNATELY HE DIED.! How to Connect Sleep Apnea to Military Service. I recd another denial (3rd) Jun 30, 2017. Hence, the weight gain. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. Copyright 2023 VA Claims Insider, LLC. If you are already service-connected for your knees or your back, you are likely not as active as you once were. There are three types, obstructive, central, and mixed. Do You Owe Your Severance Pay Back to the VA? The first requirement which must be met to satisfy the VA is a sleep study. This may be even easier for you now because of a new VA new rule as of August 2, 2021. I talked to several doctors about the causes and limitations of sleep apnea. We offer free resources and expertise to empower all Veterans. I understand you want your VA claim to be done as quickly as possible. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. The most trusted name in education-based resources for Veterans. 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. endstream Thousands of other Veterans in our Community are here for you. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Department of Veterans Affairs THANK YOU AGAIN. endstream endobj startxref <>stream Favorable BVA Case Law Precedent Example #2: 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.

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