service connection for sleep apnea is granted

Save my name, email, and website in this browser for the next time I comment. % See our article Burn Pit Presumptive Conditions. However, most of the time, sleep apnea is a secondary claim. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. 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. 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. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ 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. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Hence, the weight gain. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. sleep apnea is not the kind of disability associated with a wounded warrior. * Damage to the brain from a TBI (Traumatic Brain Injury). What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. While we still have our home base in Florida, Source: Department of Veteran Affairs Regional Office New Orleans, LA. Tender lymph nodes usually in the neck and underarms. Otherwise, I would properly ended up in mental health facility or going insane!!! Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Allergies or sensitivities to foods, odors, chemicals, or noise. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Whats the VAs Problem with Sleep Apnea? I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. I disagree. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Yi-bR :z>r6iFR I dont want you to think about the EASY path to proving Sleep Apnea is service connected. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. 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. I did not have a va physical until about 13 years after seperation from service. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v I only have 50 days to file NOD, or file a BVA appeal within 1 year. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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). If you use a CPAP machine, then this should warrant a 50% rating. 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 38 0 obj <> endobj See you on the inside! Honestly, they are just saying it. Veterans Benefits Network-Sleep Apnea secondary to Service Connected 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. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! However, if you use one, it does provide you with a higher rating. But remember the ultimate goal to win your VA disability compensation claim. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Theres lots of literature available to back it up. *To prove your Sleep Apnea is service connected without a sleep study in the military? uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. You're not alone. But most veterans are not service-connected for this sinus condition. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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). There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Worsening of symptoms after activities. endstream My expert agreed to write a rebuttal opinion to the VAs expert. If you have this condition, it causes the throat muscles to relax while sleeping. Your email address will not be published. Its an essential piece of evidence. Microsoft Word 2010 Getting Veterans (VA) Disability for Sleep Apnea | CCK Law This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. endstream endobj startxref A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Please call for an appointment before visiting: Mail Processing Center: P.O. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. I stated on my retirement physical that I sometimes have trouble sleeping at night. Dear Mr Attig: endstream endobj 43 0 obj <>stream Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Since that time, we have provided compassionate about the threat of COVID-19 No current sleep study within the last 12 months, #2. 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. * 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). So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! I tried going it alone and the insurance carrier pushed me around. What about PTSD? And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Therefore you should be well prepared before submitting your claim. 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. Board of Veterans' Appeals We offer free resources and expertise to empower all Veterans. Keep up the great work, and remember, the only way to lose is to give up! My claim was approved first time submitting. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. Was your obstructive sleep apnea (OSA) VA claim 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Required fields are marked *. 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. 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. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD * How do I appeal the VAs denial of my Sleep Apnea? Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Digestion issues like IBS (irritable bowel syndrome). Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. How to Get a 100 Percent VA Rating (if deserved)! In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. application/pdf If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. If you use a CPAP machine, then this should warrant a 50% rating. 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. Learn how your comment data is processed. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( My emphysema is connected. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Save my name, email, and website in this browser for the next time I comment. FREE tips for Veterans to stay Even if youve been denied before, its not too late! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. We would be happy to talk to you. Learn how your comment data is processed. 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. The transmission of an email request for information does not create an attorney client relationship. . 0 She has always had a passion for helping others and found inspiration from those she cared for. 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.. Just think about our veterans from older eras. Without a CPAP machine, the VA assigns a 30% rating. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. This means they make their claim without providing much proof. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Learn more about us, Veterans Disability Claim See our tips on how to obtain a credible nexus letter. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. VA Disability Ratings for Hypertension and Sleep Apnea There are three types, obstructive, central, and mixed. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. 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. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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 a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. 7 0 obj How to Connect Sleep Apnea to Military Service. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. VA Claims insider is an education-based coaching/consulting company. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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. Favorable BVA Case Law Precedent Example #2: Need help claiming this crucial part of your claim? Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Those are the ingredients. Copyright 2023 VA Claims Insider, LLC. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. endobj Need a C&P exam for sleep apnea secondary to PTSD? I have a diagnosis and a CPAPwhy arent they granting my claim?. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Check out the Sleep Apnea Field Manual. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. THANK YOU AGAIN. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Why? High blood pressure or hypertension can be easily developed due to stress acquired in active duty. endobj Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 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.. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. I dont know if Im authorize a second run at the DRO or go straight to BVA. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). I have sleep apnea diagnosed by the VA sleep study. 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). In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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. Any advice on getting sleep apnea service connected? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. We can helpreach out so we can show you how. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. This is a great group of people who really care about your well being. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. Are you a veteran who suffers from sleep apnea? Proving Service-Connection for Sleep Apnea. 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. How can you learn more about these things? <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Jason Perkins, was my lawyer in a workers comp. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. * The importance ofamedical expert opinion in your Sleep Apnea claim. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder.