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(The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! I tried going it alone and the insurance carrier pushed me around. 38 U.S.C.A. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Is Sleep Apnea Could Be a Service-Connected VA Disability? Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. As this represents a total grant . Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Hot Dogs for Heroes 4th of July Event This Thursday! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. I understand you want your VA claim to be done as quickly as possible. Just think about our veterans from older eras. I dont know if Im authorize a second run at the DRO or go straight to BVA. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). The same can be said about service-connected mental health conditions. UNFORTUNATELY HE DIED.! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Its an entirely different thing to mix those ingredients so that they turn into a cake. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. 38 0 obj <> endobj Of course, I dont give legal advice on the Veterans Law Blog. If you need assistance in appealing your claim for CFS,let us know here! Thats $901.83 a month. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. lJ[bKeZ?LF;$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 Even a previous diagnosis may not be accepted by the VA without a sleep study. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Department of Veterans Affairs In fact, sleep deprivation is a common form of torture, as many of us know all too well. about the threat of COVID-19 Below is the schedule for rating . Unfortunately, VA does not always apply the law correctly. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . I awake countless time at night due to this. Learn more about us, Veterans Disability Claim My emphysema is connected. Chris, thank you for the posts and training videos you are providing to veterans. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider I filed to reopen my SA claim in 2016. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Viet Nam Vet. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. I have had cardiomegly X-rays while on active duty. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Your first step is to be absolutely sure about what type of apnea you have. 2017-05-30T18:09:36-04:00 Anxiety and depression can interfere with sleep patterns. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 How to Service Connect Chronic Fatigue Syndrome Veterans Benefits Network-Sleep Apnea secondary to Service Connected The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Dear Mr Attig: Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. If you have this condition, it causes the throat muscles to relax while sleeping. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. Camp Lejeune Lawsuit. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. 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). Were Veterans, just like you, whove learned how to navigate within the VA system. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. 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. For doing an awesome job. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Source: Department of Veteran Affairs Regional Office New Orleans, LA. * Can I service connect sleep apnea without a sleep study in service? 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 67 0 obj <>stream Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. I recd another denial (3rd) Jun 30, 2017. 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 VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. See our article Burn Pit Presumptive Conditions. 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. To find the definitive guide for service-connection for sleep apnea, check it out here. And that means you are going to have to think through your sleep apnea claim. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I did not have a va physical until about 13 years after seperation from service. How to Hire an Attorney For Your VA Claim or Appeal. 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. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law You're not alone. This is what is called the Nexus. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Any advice on getting sleep apnea service connected? I talked to several doctors about the causes and limitations of sleep apnea. 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). Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. See R. at 8-9. This may be 20 or 30 years after the problems started. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. It only took three months. How to Hire an Attorney For Your VA Claim or Appeal. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 The VA uses two options for rating most sleep apnea claims. Making the Sausage: Heres what you need to know about new VA Claims regulations. FREE tips for veterans to stay protected, calm and informed Kim was very helpful and any time I had a question she made sure I got an answer. Just had C& P exam for sleep apnea. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. You are going to have to think through your case as objectively as you possibly can. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Please call for an appointment before visiting: Mail Processing Center: P.O. I have a diagnosis and a CPAPwhy arent they granting my claim?. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 yet assertive representation for our clients. 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. Battle of DUAL-EXPERTS Chris, you called it!!! 4 0 obj How is Chronic Fatigue Syndrome Diagnosed? Youll need to make the call on direct service connection versus secondary service connection. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Board of Veterans' Appeals Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Winning a VA claim to service connect sleep apnea is hard. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Second example.lets say the veteran has service connection for PTSD. IN THE APPEAL OF . There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. My expert agreed to write a rebuttal opinion to the VAs expert. * How do I appeal the VAs denial of my Sleep Apnea? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I have sleep apnea and emphysema. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. The BEST Path to Proving Sleep Apnea is Service Connected. BVA Decision The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Winning a VA Sleep Apnea is much harder. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Microsoft Word 2010 We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. She has always had a passion for helping others and found inspiration from those she cared for. If you use a CPAP machine, then this should warrant a 50% rating. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. A nexus letter is often the missing link in a VA claim. You are going to have to get a LOT of 5-Star Evidence. If you are already service-connected for your knees or your back, you are likely not as active as you once were. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. endobj 201 Bankhead Highway, Carrollton GA 30117770-285-1198. 2 0 obj 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. VA Disability for Sleep Apnea: Proving Service Connection VA Disability Ratings for Hypertension and Sleep Apnea 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. And you are going to have to presentit neatly andpersuasivelyto the VA. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Most Veterans are not proving sleep apnea is service connected. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. YEP!!! Those are the ingredients. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ NOW ITS YOUR TURN. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 8 0 obj Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. Tender lymph nodes usually in the neck and underarms. Thanks for your concern and the blog. In order to help you with your secondary claim, we have put together this Insiders Guide! Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Why? Sounds easy enough, right? That is how I suggest you handle this situation. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. See you on the inside! While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. Save my name, email, and website in this browser for the next time I comment. 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. protected, calm and informed Its over 165 pages long, and took 9 months of research. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. Our firm was founded in 1986 in Orlando, Florida. Your email address will not be published. How you mix them is the hard part. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> * How the VA willrate your sleep apnea condition after granting Service Connection. By doing this your claim will have the best chance possible. VA claim for sleep apnea denied? Contact Us Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. caused or made worse by your active duty military service OR. Proving Service-Connection for Sleep Apnea - VA Claims Insider % These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Chills and night sweats as well as low-grade fevers. <>stream Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. However, the VA. 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. sleep apnea is DEADLY, my brother in law went out CAMPING. Andmy sleep study was not done in the military.. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. injury case. Dont make the mistake so many other veterans have. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service.