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Those are the ingredients. 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. However, if you use one, it does provide you with a higher rating. Just think about our veterans from older eras. If you use a CPAP machine, then this should warrant a 50% rating. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. . 201 Bankhead Highway, Carrollton GA 30117770-285-1198. 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. The BEST Path to Proving Sleep Apnea is Service Connected. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. I cannot recommend Jason and his staff enough. However, if you use one, it does provide you with a higher rating. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. We can helpreach out so we can show you how. How can you learn more about these things? She has always had a passion for helping others and found inspiration from those she cared for. 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. Its an essential piece of evidence. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 2023-03-04T21:20:56-05:00 If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! The same can be said about service-connected mental health conditions. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. SvKve5.YmPE}=;vpb -GW2RN 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. put your Sleep Apnea Claim together right. 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. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. Estimate your 2023 VA Rating & Compensation for FREE! Also sinusitis, rhinitis, hypertension. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT The first requirement which must be met to satisfy the VA is a sleep study. Sleep apnea is a medically complex disorder. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. 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 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Even if youve been denied before, its not too late! 2020 Strategic Veteran All Rights Reserved. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. You can subscribe to his Veterans Disability channel on YouTube. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Will be some time before answer but getting all the info I can. 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! How to Hire an Attorney For Your VA Claim or Appeal. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Was your obstructive sleep apnea (OSA) VA claim denied? Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Making the Sausage: Heres what you need to know about new VA Claims regulations. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Keep up the great work, and remember, the only way to lose is to give up! The most trusted name in education-based resources for Veterans. 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. Make sure to have your sleep study done. Department of Veterans Affairs Did the VA Benefit of the Doubt Rule just disappear? Winning a VA Sleep Apnea is much harder. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. While we still have our home base in Florida, Sounds easy enough, right? Thousands of other Veterans in our Community are here for you. 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. application/pdf My claim was approved first time submitting. 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. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. All Rights Reserved. If you have this condition, it causes the throat muscles to relax while sleeping. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. hTOo0| 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. 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 September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Without a CPAP machine, the VA assigns a 30% rating. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. . I believe the two are connected. 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. and Coronavirus. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Not presumptively. 0 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. BVA Decision Need help claiming this crucial part of your claim? Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I talked to several doctors and sleep experts. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 If you need assistance in appealing your claim for CFS,let us know here! Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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. It only took three months. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. I am service connected for chronic sinusitis with a 30% rating. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Want More Information about VA Sleep Apnea? 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. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. This means they make their claim without providing much proof. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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. It is the only thing that kept in the fight and especially it keeps sane and focus. z`tsd#Ex>@"A"M@+5;$ As this represents a total grant . Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. 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. Viet Nam Vet. 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. Andmy sleep study was not done in the military.. <>stream Do I Need a CPAP Machine to be Service-Connected? Tender lymph nodes usually in the neck and underarms. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. But most veterans are not service-connected for this sinus condition. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 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. Of course, I dont give legal advice on the Veterans Law Blog. This may be 20 or 30 years after the problems started. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Proving Service-Connection for Sleep Apnea. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. endobj The most trusted name in education-based resources for Veterans. 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. Winning a VA Sleep Apnea is much harder. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Contact Us aggravated beyond its natural progression by another service-connected condition (for secondary service connection). In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. I got a 50% rating. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. When I turned my case over to Jason things turned around, QUICK. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Lesson #2: Sleep Apnea is affectinga LOTof Veterans. 203, San Jose, CA 95134 endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Therefore you should be well prepared before submitting your claim. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Learn how your comment data is processed. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. We are sorry that this post was not as useful for you! caused or made worse by your active duty military service OR. Its almost as much work and it can often take as much dedication. IN THE APPEAL OF . Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Were Veterans, just like you, whove learned how to navigate within the VA system. The rate was a staggering 22%. <>stream To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. <>stream Yi-bR :z>r6iFR The VA classifies Sleep Apnea as a disability for which compensation is granted. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. endobj Weve supported more than 15,000 veterans to win their claims and increase their ratings. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. * 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). 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. 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. Thousands of other Veterans in our Community are here for you. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg The transmission of an email request for information does not create an attorney client relationship. I also have central and obstructive sleep apnea which has been denied service connection. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! I recd another denial (3rd) Jun 30, 2017. If you continue to use this site we will assume that you are happy with it. 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. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Youre welcome, Sam! I believe that the VA and BVA do not take Sleep Apnea seriously. 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. If you are hurt at work, this is the firm you want on YOUR side. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Are you a veteran who suffers from sleep apnea? For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Both anxiety and depression can also be linked to sleep apnea. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Take advantage of a FREE VA Claim Discovery Call. They denied extra physical therapy. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Worsening of symptoms after activities. Whats the VAs Problem with Sleep Apnea? Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Any advice on getting sleep apnea service connected? 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. I talked to several doctors about the causes and limitations of sleep apnea. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. * What if it wasnt diagnosed until years after service can I service connect it then? 3. Do You Owe Your Severance Pay Back to the VA? As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. Dont make the mistake so many other veterans have. Sounds easy enough, right? I can teach you how to do that. 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r I have also had a stroke. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. Secondary Service Connection Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. This is where I come in. 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. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Its an entirely different thing to mix those ingredients so that they turn into a cake. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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. endobj No current sleep study within the last 12 months, #2. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. Hot Dogs for Heroes 4th of July Event This Thursday! However, most of the time, sleep apnea is a secondary claim. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time.