Like researchers that have been searching for the Holy Grail the harder they look, the less they find. about the threat of COVID-19 f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Youre welcome, Sam! Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Copyright 2023 VA Claims Insider, LLC. I talked to several doctors and sleep experts. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. All Rights Reserved. Without a CPAP machine, the VA assigns a 30% rating. Learn how your comment data is processed. Winning a VA Sleep Apnea is much harder. This is where I come in. And that means you are going to have to think through your sleep apnea claim. Required fields are marked *. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. I have also had a stroke. This is described as being foggy by patients. * 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). Dear Mr Attig: 4 Lessons You Need to Learn to Service Connect Sleep Apnea. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Its one thing to give you the ingredients for a chocolate cake. 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Local Wounded Veterans Gifted with Opportunities to Go Fishing. They denied extra physical therapy. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Contact Us 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! VA Disability Ratings for Hypertension and Sleep Apnea Also see our post What is a Service-Connected Disability? In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Allergies or sensitivities to foods, odors, chemicals, or noise. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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 You are going to have to get a LOT of 5-Star Evidence. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Need a C&P exam for sleep apnea secondary to PTSD? Without a CPAP machine, the VA assigns a 30% rating. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. For doing an awesome job. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> You can lose a kidney, and live a full and complete life. Proving Service-Connection for Sleep Apnea. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. (In many cases, amedical expert report or opinion may be crucial to success). Microsoft Word 2010 VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law This may be 20 or 30 years after the problems started. endstream endobj 43 0 obj <>stream 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. 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. Sleep Apnea in Gulf War Veterans - Public Health Worsening of symptoms after activities. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Making the Sausage: Heres what you need to know about new VA Claims regulations. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The first requirement which must be met to satisfy the VA is a sleep study. Ann Margaret really took the time to explain things to me. YEP!!! Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. 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. % endstream endobj 42 0 obj <>stream The VA uses two options for rating most sleep apnea claims. The question raised in this case is whether this "intermediate step" is limited to . The BEST Path to Proving Sleep Apnea is Service Connected. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Template for processing Decision or Remand If you continue to use this site we will assume that you are happy with it. 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. The rate was a staggering 22%. Jason Perkins, was my lawyer in a workers comp. 203, San Jose, CA 95134 I read hundreds of cases. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. endstream Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Will be some time before answer but getting all the info I can. In our experience, most VA disability claims are won or lost based on medical evidence. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. If you are hurt at work, this is the firm you want on YOUR side. I cannot get the sleep apnea connected. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. Instead, the leading cause of sleep apnea is weight gain. 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. Thanks for your concern and the blog. without his BI-PAP MACHINE,one up from CPAP,which i have. 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. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. This field is for validation purposes and should be left unchanged. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v I have a diagnosis and a CPAPwhy arent they granting my claim?. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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). fight to get their sleep apnea service-connected. Check out the Sleep Apnea Field Manual. Viet Nam Vet. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Most Veterans are not proving sleep apnea is service connected. 4 0 obj With lay evidence AND medical evidence. Otherwise, I would properly ended up in mental health facility or going insane!!! How to Get a 100 Percent VA Rating (if deserved)! I dont know if Im authorize a second run at the DRO or go straight to BVA. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. endobj The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Both sinusitis and rhinitis are linked to sleep apnea. 8 0 obj Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Make sure to have your sleep study done. Sounds easy enough, right? endstream endobj startxref 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Copyright 2023 VA Claims Insider, LLC. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. If you have this condition, it causes the throat muscles to relax while sleeping. How to Connect Sleep Apnea to Military Service. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Sleep apnea is a medically complex disorder. 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. Veterans Benefits Network-Sleep Apnea secondary to Service Connected 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. %PDF-1.4 % HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! * Can I service connect sleep apnea without a sleep study in service? Your first step is to be absolutely sure about what type of apnea you have. In my book Put it to Rest! New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. about the threat of COVID-19 and Coronavirus. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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! Andmy sleep study was not done in the military.. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. However, if you use one, it does provide you with a higher rating. Below is the schedule for rating disability for Chronic Fatigue Sundrome. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The transmission of an email request for information does not create an attorney client relationship. I cannot recommend Jason and his staff enough. Not presumptively. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Its over 165 pages long, and took 9 months of research. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. 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. 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.
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