service connection for sleep apnea is grantedservice connection for sleep apnea is granted

Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Battle of DUAL-EXPERTS Chris, you called it!!! I disagree. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Making the Sausage: Heres what you need to know about new VA Claims regulations. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r FREE tips for Veterans to stay Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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. 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. 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. Take advantage of a FREE VA Claim Discovery Call. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Make sure to have your sleep study done. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? This is in order to be officially diagnosed. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The same can be said about service-connected mental health conditions. 67 0 obj <>stream But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. No current sleep study within the last 12 months, #2. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. <>stream Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. They were at all times attentive and on top of my case. It only took three months. 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. Its an essential piece of evidence. It's almost as much work - and it can often take as much dedication. 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 recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Worsening of symptoms after activities. 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. As this represents a total grant . This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Thousands of other Veterans in our Community are here for you. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. However, the VA. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. It is the only thing that kept in the fight and especially it keeps sane and focus. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. She has always had a passion for helping others and found inspiration from those she cared for. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Youll need to make the call on direct service connection versus secondary service connection. Therefore you should be well prepared before submitting your claim. A noticeable sign of obstructive sleep apnea is snoring. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. . I filed to reopen my SA claim in 2016. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Allergies or sensitivities to foods, odors, chemicals, or noise. You're not alone. * How do I appeal the VAs denial of my Sleep Apnea? medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I have a diagnosis and a CPAPwhy arent they granting my claim?. Its over 165 pages long, and took 9 months of research. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 4 0 obj Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 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. 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). 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Thats $901.83 a month. My claim was approved first time submitting. Ann Margaret really took the time to explain things to me. hTOo0| SvKve5.YmPE}=;vpb -GW2RN Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 38 U.S.C.A. Sleep apnea is a medically complex disorder. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 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. See id. %PDF-1.4 % You're not alone. My emphysema is connected. 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. Both anxiety and depression can also be linked to sleep apnea. 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. I told you at the beginning I wantto change your thinking. z`tsd#Ex>@"A"M@+5;$ We can helpreach out so we can show you how. 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. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I have sleep apnea and emphysema. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Sounds easy enough, right? In order to help you with your secondary claim, we have put together this Insiders Guide! endobj Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. That is how I suggest you handle this situation. The question raised in this case is whether this "intermediate step" is limited to . Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Viet Nam Vet. 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Your email address will not be published. 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. Learn how your comment data is processed. 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. Most Veterans are not proving sleep apnea is service connected. We offer free resources and expertise to empower all Veterans. When I turned my case over to Jason things turned around, QUICK. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. If you need assistance in appealing your claim for CFS,let us know here! Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 How to Get a 100 Percent VA Rating (if deserved)! Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. VA claim for sleep apnea denied? Andmy sleep study was not done in the military.. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. The VA uses two options for rating most sleep apnea claims. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. How to Hire an Attorney For Your VA Claim or Appeal. However, this has been thoroughly disproven. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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. Its one thing to give you the ingredients for a chocolate cake. 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.. THANK YOU AGAIN. Please call for an appointment before visiting: Mail Processing Center: P.O. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. If you continue to use this site we will assume that you are happy with it. 7 0 obj 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.. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. This is a great group of people who really care about your well being. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Estimate your 2023 VA Rating & Compensation for FREE! I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Required fields are marked *. sleep apnea is DEADLY, my brother in law went out CAMPING. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 203, San Jose, CA 95134 I talked to several doctors and sleep experts. injury case. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Many Veterans suffering from emotional distress overeat and lack the motivation to work out. endstream endobj 43 0 obj <>stream After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Gulf War Illness and Presumptive Service Connection. If you are lucky, you start breathing again. Board of Veterans Appeals Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. endobj This field is for validation purposes and should be left unchanged. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Both sinusitis and rhinitis are linked to sleep apnea. 2023-03-04T21:20:56-05:00 Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. % This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Instead, the leading cause of sleep apnea is weight gain. Give us a call at 800-477-9027 to see if we can help you. The VA uses two options for rating most sleep apnea claims. NOW ITS YOUR TURN. See our article Burn Pit Presumptive Conditions. Of course, I dont give legal advice on the Veterans Law Blog. BVA Decision .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w %%EOF In our experience, most VA disability claims are won or lost based on medical evidence. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. The first requirement which must be met to satisfy the VA is a sleep study. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 You are going to have to get a LOT of 5-Star Evidence. Dear Mr Attig: * Can I service connect sleep apnea without a sleep study in service? I have sleep apnea diagnosed by the VA sleep study. Youre arent alone. The BEST Path to Proving Sleep Apnea is Service Connected. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. There are three types, obstructive, central, and mixed. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. I awake countless time at night due to this. Yi-bR :z>r6iFR In my book Put it to Rest! Dont make the mistake so many other veterans have. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Your airway narrows and closes, leading to pauses in the breathing cycle. 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. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law I dont know if Im authorize a second run at the DRO or go straight to BVA. I talked to several doctors about the causes and limitations of sleep apnea. Need help claiming this crucial part of your claim? Your email address will not be published. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Source: Department of Veteran Affairs Regional Office New Orleans, LA. In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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. Learn more about us, Veterans Disability Claim I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. See R. at 8-9. You are going to have to think through your case as objectively as you possibly can. 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. endobj In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Proving Service-Connection for Sleep Apnea. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. I got a 50% rating. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Save my name, email, and website in this browser for the next time I comment. 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). I talked to hundreds of Veterans who had been denied VAsleep apnea compensation.