about the threat of COVID-19 Gulf War Illness and Presumptive Service Connection. 2023-03-04T21:20:56-05:00 Making the Sausage: Heres what you need to know about new VA Claims regulations. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w VA claim for sleep apnea denied? These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream FREE tips for Veterans to stay ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Save my name, email, and website in this browser for the next time I comment. Are you a veteran who suffers from sleep apnea? 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. Thousands of other Veterans in our Community are here for you. endobj This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. The same can be said about service-connected mental health conditions. The VA classifies Sleep Apnea as a disability for which compensation is granted. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). This is where I come in. Chris, thank you for the posts and training videos you are providing to veterans. Board of Veterans Appeals A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r They denied injections the doctor recommended to ease my pain. Just had C& P exam for sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. endobj 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. 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. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 3. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. As this represents a total grant . Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Its an essential piece of evidence. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. The information contained on this web site is provided for informational purposes only and not legal advice. endstream endobj 42 0 obj <>stream So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 8 0 obj 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. put your Sleep Apnea Claim together right. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. endstream However, most of the time, sleep apnea is a secondary claim. Dear Mr Attig: It only took three months. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. My emphysema is connected. %PDF-1.4 % * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Keep us posted Im eager to hear how it turns out! You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I believe that the VA and BVA do not take Sleep Apnea seriously. 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. My claim was approved first time submitting. and Coronavirus. 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. You're not alone. Below is the schedule for rating . The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. But remember the ultimate goal to win your VA disability compensation claim. Estimate your 2023 VA Rating & Compensation for FREE! 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This is described as being foggy by patients. 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Allergies or sensitivities to foods, odors, chemicals, or noise. sleep apnea is not the kind of disability associated with a wounded warrior. * How the VA willrate your sleep apnea condition after granting Service Connection. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. I have sleep apnea diagnosed by the VA sleep study. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. IN THE APPEAL OF . You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Scenario 2: The Veteran has a current diagnosis of sleep apnea. You are going to have to get a LOT of 5-Star Evidence. Sounds easy enough, right? Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. My sleep apnea is worsened when I lie on my back and I still have loss of breath. I have a diagnosis and a CPAPwhy arent they granting my claim?. Worsening of symptoms after activities. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. I recd another denial (3rd) Jun 30, 2017. You're not alone. To find the definitive guide for service-connection for sleep apnea, check it out here. Wc%X$(:ss!LCO^?4d *$ 67 0 obj <>stream For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. 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. However, if you use one, it does provide you with a higher rating. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! fight to get their sleep apnea service-connected. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! I did not have a va physical until about 13 years after seperation from service. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. We can helpreach out so we can show you how. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % San Jose, CA: 2880 Zanker Road, Ste. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. This means they make their claim without providing much proof. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. You can lose a kidney, and live a full and complete life. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. This is in order to be officially diagnosed. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. z`tsd#Ex>@"A"M@+5;$ 2017-05-30T18:09:36-04:00 If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). We would be happy to talk to you. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. But if your body cannot get sleep, you will die. VA Disability for Sleep Apnea: Proving Service Connection All Rights Reserved. Thousands of other Veterans in our Community are here for you. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law 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 ?). ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 She has always had a passion for helping others and found inspiration from those she cared for. Youre welcome, Sam! 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. You cut off oxygen to the brain and blood, and other body systems break down. Check out the Sleep Apnea Field Manual. 203, San Jose, CA 95134 They denied extra physical therapy. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. How you mix them is the hard part. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Your email address will not be published. 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. Those are the ingredients. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. I talked to several doctors and sleep experts. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. 4 0 obj I read hundreds of cases. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 VA Claims insider is an education-based coaching/consulting company. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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). Everyone I came in contact with there was very nice. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. I got a 50% rating. 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. SvKve5.YmPE}=;vpb -GW2RN 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. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD 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. You can lose your arms and legs and still survive. If you use a CPAP machine, then this should warrant a 50% rating. For doing an awesome job. 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. Has camp Lejeune exposures been linked to sleep apnea? One step at a time, one claim at a time, one veteran at a time.we vets are winning!! I talked to several doctors about the causes and limitations of sleep apnea. In our experience, most VA disability claims are won or lost based on medical evidence. Sleep apnea is a medically complex disorder. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. injury case. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. 0 Without a CPAP machine, the VA assigns a 30% rating. 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! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Need help claiming this crucial part of your claim? * What if it wasnt diagnosed until years after service can I service connect it then? Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. How to Hire an Attorney For Your VA Claim or Appeal. There are three types, obstructive, central, and mixed. 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. This field is for validation purposes and should be left unchanged. I understand you want your VA claim to be done as quickly as possible. THANK YOU AGAIN. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. How to Get a 100 Percent VA Rating (if deserved)! uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Its over 165 pages long, and took 9 months of research. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! about the threat of COVID-19 and Coronavirus. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. I recommend Perkins Law Firm. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Is Sleep Apnea Could Be a Service-Connected VA Disability? Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 See you on the inside! caused or made worse by your active duty military service OR. Both anxiety and depression can also be linked to sleep apnea. 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. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 2 0 obj 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Sounds easy enough, right? Do I Need a CPAP Machine to be Service-Connected? yet assertive representation for our clients. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 We cant possibly cover each of those and the ways to service connect all of them in this one article. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Winning a VA Sleep Apnea is much harder. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. * The importance ofamedical expert opinion in your Sleep Apnea claim. 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 A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life.
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