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Your first step is to be absolutely sure about what type of apnea you have. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. And that means you are going to have to think through your sleep apnea claim. endobj These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. 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. 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. Favorable BVA Case Law Precedent Example #2: The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Unfortunately, VA does not always apply the law correctly. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Weight gain can be tied to several different conditions. This may be even easier for you now because of a new VA new rule as of August 2, 2021. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. endstream PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Also sinusitis, rhinitis, hypertension. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. Required fields are marked *. Learn how your comment data is processed. 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. But most veterans are not service-connected for this sinus condition. Even a previous diagnosis may not be accepted by the VA without a sleep study. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 1 0 obj If you need assistance in appealing your claim for CFS,let us know here! Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k That is how I suggest you handle this situation. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. We would be happy to talk to you. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. Second example.lets say the veteran has service connection for PTSD. 38 U.S.C.A. <>stream Take advantage of a FREE VA Claim Discovery Call. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 67 0 obj <>stream The VA uses two options for rating most sleep apnea claims. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Scenario 2: The Veteran has a current diagnosis of sleep apnea. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg YEP!!! Was your obstructive sleep apnea (OSA) VA claim denied? In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. San Jose, CA: 2880 Zanker Road, Ste. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! VA claim for sleep apnea denied? 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. Check out the Sleep Apnea Field Manual. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. and Coronavirus. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Instead, the leading cause of sleep apnea is weight gain. 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 do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. 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. Without a CPAP machine, the VA assigns a 30% rating. 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. 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. Thousands of other Veterans in our Community are here for you. The rate was a staggering 22%. Will be some time before answer but getting all the info I can. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Hot Dogs for Heroes 4th of July Event This Thursday! I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. How is Chronic Fatigue Syndrome Diagnosed? * How do I appeal the VAs denial of my Sleep Apnea? Source: Department of Veteran Affairs Regional Office New Orleans, LA. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! See you on the inside! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. You cut off oxygen to the brain and blood, and other body systems break down. Even if youve been denied before, its not too late! This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. You are going to have to think through your case as objectively as you possibly can. That said, the key here is making the connection from service to diagnosis. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. My sleep apnea is worsened when I lie on my back and I still have loss of breath. You can subscribe to his Veterans Disability channel on YouTube. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. THANK YOU AGAIN. Thats $901.83 a month. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Its an essential piece of evidence. 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. A noticeable sign of obstructive sleep apnea is snoring. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. How to Get a 100 Percent VA Rating (if deserved)! Board of Veterans Appeals put your Sleep Apnea Claim together right. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. 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. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. You are going to have to get a LOT of 5-Star Evidence. Give us a call at 800-477-9027 to see if we can help you. 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. If you are lucky, you start breathing again. Just think about our veterans from older eras. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. about the threat of COVID-19 Its an entirely different thing to mix those ingredients so that they turn into a cake. %PDF-1.4 % This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. UNFORTUNATELY HE DIED.! If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. This field is for validation purposes and should be left unchanged. I recd another denial (3rd) Jun 30, 2017. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! (In many cases, amedical expert report or opinion may be crucial to success). Camp Lejeune Lawsuit. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. * 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. Were Veterans, just like you, whove learned how to navigate within the VA system. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. I have sleep apnea diagnosed by the VA sleep study. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! In our experience, most VA disability claims are won or lost based on medical evidence. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Learn more about us, Veterans Disability Claim Ann Margaret really took the time to explain things to me. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 2020 Strategic Veteran All Rights Reserved. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Your voice is important especially when it comes to your own health care. I stated on my retirement physical that I sometimes have trouble sleeping at night. 2017-05-30T18:09:36-04:00 We are sorry that this post was not as useful for you! 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. Save my name, email, and website in this browser for the next time I comment. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. I read hundreds of cases. I cannot recommend Jason and his staff enough. Whats the VAs Problem with Sleep Apnea? It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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 will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. They denied extra physical therapy. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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! I am also service connected for chronic bronchitis with a rating of 0 %. 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. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. I have also had a stroke. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Any advice on getting sleep apnea service connected? Like researchers that have been searching for the Holy Grail the harder they look, the less they find. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic.

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