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One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. Viet Nam Vet. 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. We would be happy to talk to you. You are going to have to get a LOT of 5-Star Evidence. For doing an awesome job. 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. 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Youll need to make the call on direct service connection versus secondary service connection. hTOo0| If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Will be some time before answer but getting all the info I can. Weight gain can be tied to several different conditions. 67 0 obj
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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. 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. 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. 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. This is a great group of people who really care about your well being.
The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 2020 Strategic Veteran All Rights Reserved. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 8 0 obj There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. Need a C&P exam for sleep apnea secondary to PTSD? Those are the ingredients. Did the VA Benefit of the Doubt Rule just disappear? Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. This is described as being foggy by patients. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. How to File a Claim on VA.gov (step-by-step)! Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Hence, the weight gain. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
fight to get their sleep apnea service-connected. But most veterans are not service-connected for this sinus condition. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. 38 0 obj
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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. Want More Information about VA Sleep Apnea? * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. endstream
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I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 203, San Jose, CA 95134 endobj (In many cases, amedical expert report or opinion may be crucial to success). FREE tips for veterans to stay protected, calm and informed 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. 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. Otherwise, I would properly ended up in mental health facility or going insane!!! I am also service connected for chronic bronchitis with a rating of 0 %. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. <>stream Hepatitis C also causes insulin resistance. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. How to Hire an Attorney For Your VA Claim or Appeal. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. They denied extra physical therapy. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Did the VA Benefit of the Doubt Rule just disappear? You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. And that means you are going to have to think through your sleep apnea claim. 1 0 obj This means they make their claim without providing much proof. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. z`tsd#Ex>@"A"M@+5;$ 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. 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. 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). *To prove your Sleep Apnea is service connected without a sleep study in the military? * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Do you have questions about how to service connect sleep apnea claims? Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 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. They denied injections the doctor recommended to ease my pain. 38 U.S.C.A. If you use a CPAP machine, then this should warrant a 50% rating. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. Keep up the great work, and remember, the only way to lose is to give up! She has always had a passion for helping others and found inspiration from those she cared for. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. We offer free resources and expertise to empower all Veterans. Just had C& P exam for sleep apnea. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. SvKve5.YmPE}=;vpb -GW2RN I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. In my book Put it to Rest! Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Below is the schedule for rating disability for Chronic Fatigue Sundrome. * 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). Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. No current sleep study within the last 12 months, #2. How to Hire an Attorney For Your VA Claim or Appeal. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. <>stream This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. VA claim for sleep apnea denied? 4 Common Scenariosfor Proving Sleep Apnea is Service 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. I have sleep apnea diagnosed by the VA sleep study. * How do I appeal the VAs denial of my Sleep Apnea? Of course, I dont give legal advice on the Veterans Law Blog. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. 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. 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. 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. 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. There are 3 ways to get it: Chris, I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. However, most of the time, sleep apnea is a secondary claim. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> protected, calm and informed Camp Lejeune Lawsuit. But remember the ultimate goal to win your VA disability compensation claim. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Its an entirely different thing to mix those ingredients so that they turn into a cake. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The transmission of an email request for information does not create an attorney client relationship. . 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. <>stream I cannot get the sleep apnea connected. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. If you need assistance in appealing your claim for CFS,let us know here! Honestly, they are just saying it. endstream
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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. How to Get a 100 Percent VA Rating (if deserved)! FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. It is the only thing that kept in the fight and especially it keeps sane and focus. 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. Andmy sleep study was not done in the military.. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Save my name, email, and website in this browser for the next time I comment. Excessive daytime sleepiness is the most noticeable signal for those who live alone. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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 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. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. The rate was a staggering 22%. Both sinusitis and rhinitis are linked to sleep apnea. 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). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 2023-03-04T21:20:56-05:00 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. 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
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S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg The most trusted name in education-based resources for Veterans. Was your obstructive sleep apnea (OSA) VA claim denied? 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. application/pdf Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Sounds easy enough, right? The VA uses two options for rating most sleep apnea claims. Winning a VA claim to service connect sleep apnea is hard. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. 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. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. 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. Learn how your comment data is processed. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! However, if you use one, it does provide you with a higher rating. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. %PDF-1.4 endstream
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In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ This field is for validation purposes and should be left unchanged. 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 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! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. In order to help you with your secondary claim, we have put together this Insiders Guide! While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Proving Service-Connection for Sleep Apnea. endstream Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. The first requirement which must be met to satisfy the VA is a sleep study. Youre welcome, Sam! Your email address will not be published. They were at all times attentive and on top of my case. 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. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. That said, the key here is making the connection from service to diagnosis. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. I believe that the VA and BVA do not take Sleep Apnea seriously. UNFORTUNATELY HE DIED.! To find the definitive guide for service-connection for sleep apnea, check it out here. Even if youve been denied before, its not too late! 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.. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 2023-03-04T21:20:56-05:00 Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Estimate your 2023 VA Rating & Compensation for FREE! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim!