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

(6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. endstream endobj 42 0 obj <>stream Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Do You Owe Your Severance Pay Back to the VA? Whats the VAs Problem with Sleep Apnea? Second example.lets say the veteran has service connection for PTSD. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 That is how I suggest you handle this situation. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. I understand you want your VA claim to be done as quickly as possible. 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. Your airway narrows and closes, leading to pauses in the breathing cycle. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Department of Veterans Affairs 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. 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. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. FREE tips for veterans to stay protected, calm and informed 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. See R. at 8-9. 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. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Scenario 2: The Veteran has a current diagnosis of sleep apnea. I cannot recommend Jason and his staff enough. All Rights Reserved. I was diagnosed with OSA 10 years after separation. %%EOF Most Veterans are not proving sleep apnea is service connected. 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 common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Therefore you should be well prepared before submitting your claim. Do you have questions about how to service connect sleep apnea claims? My sleep apnea is worsened when I lie on my back and I still have loss of breath. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I believe the two are connected. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. application/pdf Can I Get a VA Rating for Sleep Apnea Secondary to Depression? And that means you are going to have to think through your sleep apnea claim. The most trusted name in education-based resources for Veterans. This is in order to be officially diagnosed. 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. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. 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. 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). endobj fight to get their sleep apnea service-connected. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. We are sorry that this post was not as useful for you! Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. If you use a CPAP machine, then this should warrant a 50% rating. about the threat of COVID-19 and Coronavirus. Its almost as much work and it can often take as much dedication. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. The problem is that many disabilities that arise in service are not actually diagnosed in service. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Please call for an appointment before visiting: Mail Processing Center: P.O. protected, calm and informed Of course, I dont give legal advice on the Veterans Law Blog. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn how to prove your Sleep Apnea Claim the right way. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Even if youve been denied before, its not too late! I tried going it alone and the insurance carrier pushed me around. That said, the key here is making the connection from service to diagnosis. However, most of the time, sleep apnea is a secondary claim. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. I talked to several doctors and sleep experts. If you have this condition, it causes the throat muscles to relax while sleeping. How to Hire an Attorney For Your VA Claim or Appeal. The BEST Path to Proving Sleep Apnea is Service Connected. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. The same can be said about service-connected mental health conditions. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. 7 0 obj 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! With lay evidence AND medical evidence. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. I recd another denial (3rd) Jun 30, 2017. I believe that the VA and BVA do not take Sleep Apnea seriously. Allergies or sensitivities to foods, odors, chemicals, or noise. * WHAT evidencetouseandwhich path to Service Connectionto use. I recommend Perkins Law Firm. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p If you use a CPAP machine, then this should warrant a 50% rating. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 I stated on my retirement physical that I sometimes have trouble sleeping at night. % These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Thousands of other Veterans in our Community are here for you. *To prove your Sleep Apnea is service connected without a sleep study in the military? Otherwise, I would properly ended up in mental health facility or going insane!!! This field is for validation purposes and should be left unchanged. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Winning a VA claim to service connect sleep apnea is hard. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v I have had cardiomegly X-rays while on active duty. How is Chronic Fatigue Syndrome Diagnosed? we represent clients nationwide. VA claim for sleep apnea denied? hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Template for processing Decision or Remand 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. You can subscribe to his Veterans Disability channel on YouTube. put your Sleep Apnea Claim together right. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Need a C&P exam for sleep apnea secondary to PTSD? For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. How to Get a 100 Percent VA Rating (if deserved)! caused or made worse by your active duty military service OR. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. They were at all times attentive and on top of my case. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. 2 0 obj ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Unfortunately, VA does not always apply the law correctly. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Below is the schedule for rating . 2017-05-30T18:09:36-04:00 Thats $901.83 a month. Do I Need a CPAP Machine to be Service-Connected? These pauses can happen several times an hour when the apnea is severe. Thousands of other Veterans in our Community are here for you. Learn how your comment data is processed. Physical therapy can be given to help maintain and improve mobility. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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 do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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). We would be happy to talk to you. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. As a fellow disabled Veteran this is shameful and Im on a mission to change it. As this represents a total grant . From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. They denied extra physical therapy. I am also service connected for chronic bronchitis with a rating of 0 %. My emphysema is connected. 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). Will be some time before answer but getting all the info I can. BVA Decision There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. How to File a Claim on VA.gov (step-by-step)! Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 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). * How do I appeal the VAs denial of my 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. See our article Burn Pit Presumptive Conditions. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 38 0 obj <> endobj We see that quite often with sleep apnea claims. Did the VA Benefit of the Doubt Rule just disappear? But remember the ultimate goal to win your VA disability compensation claim. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Not presumptively. 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. Youll need to make the call on direct service connection versus secondary service connection. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. Keep us posted Im eager to hear how it turns out! 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. . Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> %PDF-1.4 LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Both sinusitis and rhinitis are linked to sleep apnea. Why? * What if it wasnt diagnosed until years after service can I service connect it then? Required fields are marked *. Hot Dogs for Heroes 4th of July Event This Thursday! 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Wc%X$(:ss!LCO^?4d *$ Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. SvKve5.YmPE}=;vpb -GW2RN 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Winning a VA Sleep Apnea is much harder. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. This means they make their claim without providing much proof. 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.. Ann Margaret really took the time to explain things to me. Copyright 2023 VA Claims Insider, LLC. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. FREE tips for Veterans to stay Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Its over 165 pages long, and took 9 months of research. 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. 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 You can lose a kidney, and live a full and complete life.