If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. . Below is the schedule for rating disability for Chronic Fatigue Sundrome. 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. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Learn more about us, Veterans Disability Claim There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. yet assertive representation for our clients. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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). All Rights Reserved. Since there is no cure for CFS the treatment focuses on relief of the symptoms. z`tsd#Ex>@"A"M@+5;$ Your email address will not be published. This field is for validation purposes and should be left unchanged. 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. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. endobj sleep apnea is not the kind of disability associated with a wounded warrior. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. * 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). Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Your email address will not be published. Give us a call at 800-477-9027 to see if we can help you. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Required fields are marked *. 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Do You Owe Your Severance Pay Back to the VA? 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. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Hot Dogs for Heroes 4th of July Event This Thursday! Not presumptively. 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. endstream endobj startxref 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. If you are already service-connected for your knees or your back, you are likely not as active as you once were. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Source: Department of Veteran Affairs Regional Office New Orleans, LA. 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. 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 The transmission of an email request for information does not create an attorney client relationship. You're not alone. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. I am also service connected for chronic bronchitis with a rating of 0 %. Estimate your 2023 VA Rating & Compensation for FREE! While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. This is a great group of people who really care about your well being. Viet Nam Vet. 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. Its over 165 pages long, and took 9 months of research. When I turned my case over to Jason things turned around, QUICK. Need help claiming this crucial part of your claim? Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. Just think about our veterans from older eras. San Jose, CA: 2880 Zanker Road, Ste. 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. Department of Veterans Affairs 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. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 2023-03-04T21:20:56-05:00 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. Favorable BVA Case Law Precedent Example #2: Sleep apnea is a medically complex disorder. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. But remember the ultimate goal to win your VA disability compensation claim. Dont make the mistake so many other veterans have. I cannot get the sleep apnea connected. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. I have had cardiomegly X-rays while on active duty. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. 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. The information contained on this web site is provided for informational purposes only and not legal advice. 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. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. How can you learn more about these things? 1 0 obj In my book Put it to Rest! NOW ITS YOUR TURN. Local Wounded Veterans Gifted with Opportunities to Go Fishing. YEP!!! Sounds easy enough, right? Like researchers that have been searching for the Holy Grail the harder they look, the less they find. How to Get a 100 Percent VA Rating (if deserved)! Your email address will not be published. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Ann Margaret really took the time to explain things to me. 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. Therefore you should be well prepared before submitting your claim. This may be even easier for you now because of a new VA new rule as of August 2, 2021. 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. Secondary Service Connection I recommend Perkins Law Firm. Copyright 2023 VA Claims Insider, LLC. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. VA claim for sleep apnea denied? Do I Need a CPAP Machine to be Service-Connected? 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. I talked to several doctors about the causes and limitations of sleep apnea. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. . 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). Thousands of other Veterans in our Community are here for you. THANK YOU AGAIN. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. We cant possibly cover each of those and the ways to service connect all of them in this one article. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. And that means you are going to have to think through your sleep apnea claim. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. 0 Just had C& P exam for sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Jason Perkins, was my lawyer in a workers comp. Your voice is important especially when it comes to your own health care. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 2017-05-30T18:09:36-04:00 . Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Everyone I came in contact with there was very nice. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. You're not alone. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Want More Information about VA Sleep Apnea? The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. hTOo0| I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). For instance, often sleep apnea presents itself in those who have been suffering from PTSD. How to File a Claim on VA.gov (step-by-step)! Save my name, email, and website in this browser for the next time I comment. Below is the schedule for rating . It's almost as much work - and it can often take as much dedication. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. * WHAT evidencetouseandwhich path to Service Connectionto use. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. UNFORTUNATELY HE DIED.! What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Thats $901.83 a month. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. 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 met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. 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. FREE tips for veterans to stay protected, calm and informed I dont want you to think about the EASY path to proving Sleep Apnea is service connected. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. This is in order to be officially diagnosed. 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. However, if you use one, it does provide you with a higher rating. Sounds easy enough, right? The question raised in this case is whether this "intermediate step" is limited to . Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. 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). Medical professionals did not have the medical capabilities to perform sleep study testing when they served. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. We are sorry that this post was not as useful for you!