service connection for sleep apnea is granted

A noticeable sign of obstructive sleep apnea is snoring. endstream UNFORTUNATELY HE DIED.! 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. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Winning a VA claim to service connect sleep apnea is hard. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. How can you learn more about these things? Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. The problem is that many disabilities that arise in service are not actually diagnosed in service. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I cannot get the sleep apnea connected. 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. They were at all times attentive and on top of my case. 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.. You are going to have to get a LOT of 5-Star Evidence. IN THE APPEAL OF . If you are hurt at work, this is the firm you want on YOUR side. BVA Decision This may be 20 or 30 years after the problems started. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. * Can I service connect sleep apnea without a sleep study in service? And that means you are going to have to think through your sleep apnea claim. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % They denied extra physical therapy. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Unfortunately, VA does not always apply the law correctly. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Which primary disabilities make the best claims for secondary service connection of sleep apnea? But most veterans are not service-connected for this sinus condition. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. lJ[bKeZ?LF;$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 FREE tips for Veterans to stay If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. My expert agreed to write a rebuttal opinion to the VAs expert. San Jose, CA: 2880 Zanker Road, Ste. Thats $901.83 a month. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. By doing this your claim will have the best chance possible. History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). Camp Lejeune Lawsuit. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider about the threat of COVID-19 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. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. endobj Has camp Lejeune exposures been linked to sleep apnea? This field is for validation purposes and should be left unchanged. Sleep apnea is a medically complex disorder. Your airway narrows and closes, leading to pauses in the breathing cycle. Keep up the great work, and remember, the only way to lose is to give up! Also see our post What is a Service-Connected Disability? 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 The VA classifies Sleep Apnea as a disability for which compensation is granted. Do You Owe Your Severance Pay Back to the VA? Save my name, email, and website in this browser for the next time I comment. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Ann Margaret really took the time to explain things to me. You can subscribe to his Veterans Disability channel on YouTube. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. fight to get their sleep apnea service-connected. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Check out the Sleep Apnea Field Manual. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. All Rights Reserved. without his BI-PAP MACHINE,one up from CPAP,which i have. 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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.. The same can be said about service-connected mental health conditions. Did the VA Benefit of the Doubt Rule just disappear? 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. If you use a CPAP machine, then this should warrant a 50% rating. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. I talked to several doctors and sleep experts. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law I recd another denial (3rd) Jun 30, 2017. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Winning a VA claim to service connect sleep apnea is hard. 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. hTOo0| Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. If you need assistance in appealing your claim for CFS,let us know here! You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Worsening of symptoms after activities. These pauses can happen several times an hour when the apnea is severe. I awake countless time at night due to this. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. 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. Hepatitis C also causes insulin resistance. Why? 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. 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. Your voice is important especially when it comes to your own health care. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Learn how your comment data is processed. A nexus letter is often the missing link in a VA claim. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 38 U.S.C.A. 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). Your email address will not be published. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. VA Disability Ratings for Sleep Disturbances | CCK Law You're not alone. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). NOW ITS YOUR TURN. It is the only thing that kept in the fight and especially it keeps sane and focus. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! But if your body cannot get sleep, you will die. 2017-05-30T18:09:36-04:00 Board of Veterans Appeals 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. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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.. Contact Us endstream endobj 42 0 obj <>stream * Can Agent Orange cause Sleep Apnea? Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. See our tips on how to obtain a credible nexus letter. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. 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. She has always had a passion for helping others and found inspiration from those she cared for. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. You cut off oxygen to the brain and blood, and other body systems break down. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg Youre welcome, Sam! 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. Second example.lets say the veteran has service connection for PTSD. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Winning a VA Sleep Apnea is much harder. Sounds easy enough, right? How to Get a 100 Percent VA Rating (if deserved)! If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. and Coronavirus. This is a great group of people who really care about your well being. 7 0 obj In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). * The importance ofamedical expert opinion in your Sleep Apnea claim. endobj And that means you are going to have to think through your sleep apnea claim. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! about the threat of COVID-19 and Coronavirus. This is what is called the Nexus. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Most Veterans are not proving sleep apnea is service connected. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices