Department of Veterans Affairs Need help claiming this crucial part of your claim? Want More Information about VA Sleep Apnea? Do you have questions about how to service connect sleep apnea claims? 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 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. Veterans Benefits Network-Sleep Apnea secondary to Service Connected What the doctor may do is multiple laboratorytests to rule out some other underlying cause. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! This is a great group of people who really care about your well being. 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 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. How to Service Connect Chronic Fatigue Syndrome No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 2020 Strategic Veteran All Rights Reserved. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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 my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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? 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. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. Youre welcome, Sam! 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. Your email address will not be published. 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. 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. Do You Owe Your Severance Pay Back to the VA? Without a CPAP machine, the VA assigns a 30% rating. 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. without his BI-PAP MACHINE,one up from CPAP,which i have. Tender lymph nodes usually in the neck and underarms. . Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Dont make the mistake so many other veterans have. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! There are 3 ways to get it: Chris, Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Dear Mr Attig: How to Hire an Attorney For Your VA Claim or Appeal. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law 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. Sleep Apnea in Gulf War Veterans - Public Health Youre arent alone. It only took three months. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. %PDF-1.4 I did not have a va physical until about 13 years after seperation from service. 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. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. Winning a VA claim to service connect sleep apnea is hard. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 67 0 obj <>stream The information contained on this web site is provided for informational purposes only and not legal advice. 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 illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. 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. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Kim was very helpful and any time I had a question she made sure I got an answer. The VA uses two options for rating most sleep apnea claims. protected, calm and informed Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. VA Disability Ratings for Hypertension and Sleep Apnea * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. We would be happy to talk to you. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. 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. 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). Learn how your comment data is processed. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Winning a VA Sleep Apnea is much harder. Instead, the leading cause of sleep apnea is weight gain. I have sleep apnea diagnosed by the VA sleep study. We see that quite often with sleep apnea claims. You're not alone. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. 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 However, most of the time, sleep apnea is a secondary claim. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. See our article Burn Pit Presumptive Conditions. In fact, sleep deprivation is a common form of torture, as many of us know all too well. They denied injections the doctor recommended to ease my pain. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I talked to hundreds of Veterans and read their C-Files to see where they went wrong. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. Those are the ingredients. Since that time, we have provided compassionate 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. Its almost as much work and it can often take as much dedication. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. You are going to have to get a LOT of 5-Star Evidence. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD As a fellow disabled Veteran this is shameful and Im on a mission to change it. In order to help you with your secondary claim, we have put together this Insiders Guide! 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). Your first step is to be absolutely sure about what type of apnea you have. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. endobj fight to get their sleep apnea service-connected. This means they make their claim without providing much proof. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Estimate your 2023 VA Rating & Compensation for FREE! Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. They denied extra physical therapy. Not presumptively. UNFORTUNATELY HE DIED.! Therefore you should be well prepared before submitting your claim. Learn more about us, Veterans Disability Claim 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 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. Even if youve been denied before, its not too late! Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. This is where I come in. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w But if your body cannot get sleep, you will die. 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Weve supported more than 15,000 veterans to win their claims and increase their ratings. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. VA Claims insider is an education-based coaching/consulting company. I recommend Perkins Law Firm. endstream endobj startxref Our firm was founded in 1986 in Orlando, Florida. 38 0 obj <> endobj document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. <>stream 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 cannot get the sleep apnea connected. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Required fields are marked *. How to Hire an Attorney For Your VA Claim or Appeal. In my book Put it to Rest! If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. In our experience, most VA disability claims are won or lost based on medical evidence. Keep up the great work, and remember, the only way to lose is to give up! VA Disability for Sleep Apnea: Proving Service Connection If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Everyone I came in contact with there was very nice. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 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. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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 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. Did the VA Benefit of the Doubt Rule just disappear? caused or made worse by your active duty military service OR. What about PTSD? Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. The same can be said about service-connected mental health conditions. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. Camp Lejeune Lawsuit. 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. How you mix them is the hard part. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Viet Nam Vet. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. If you use a CPAP machine, then this should warrant a 50% rating. Headaches which are new or have become worse. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. I believe the two are connected. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. If you are hurt at work, this is the firm you want on YOUR side. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 we represent clients nationwide. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? If you continue to use this site we will assume that you are happy with it. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. A noticeable sign of obstructive sleep apnea is snoring. We can helpreach out so we can show you how. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. I got a 50% rating. 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). Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I disagree. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Sleep apnea is a medically complex disorder. The first requirement which must be met to satisfy the VA is a sleep study. Did the VA Benefit of the Doubt Rule just disappear? Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Also sinusitis, rhinitis, hypertension. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. We cant possibly cover each of those and the ways to service connect all of them in this one article. * Damage to the brain from a TBI (Traumatic Brain Injury). If you have this condition, it causes the throat muscles to relax while sleeping. Its an essential piece of evidence. Its over 165 pages long, and took 9 months of research. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library
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