service connection for sleep apnea is granted

Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. This may be 20 or 30 years after the problems started. <>stream Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. Everyone I came in contact with there was very nice. 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. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Thousands of other Veterans in our Community are here for you. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. 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. Keep up the great work, and remember, the only way to lose is to give up! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. It only took three months. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. See our article Burn Pit Presumptive Conditions. The information contained on this web site is provided for informational purposes only and not legal advice. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. *To prove your Sleep Apnea is service connected without a sleep study in the military? Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I talked to hundreds of Veterans and read their C-Files to see where they went wrong. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. VA claim for sleep apnea denied? There are three types, obstructive, central, and mixed. Dont make the mistake so many other veterans have. You DESERVE a HIGHER VA rating.WE CAN HELP. Honestly, they are just saying it. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Ann Margaret really took the time to explain things to me. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. In my book Put it to Rest! I stated on my retirement physical that I sometimes have trouble sleeping at night. I believe the two are connected. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. You cut off oxygen to the brain and blood, and other body systems break down. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). I am service connected for chronic sinusitis with a 30% rating. endstream 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. 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. Hot Dogs for Heroes 4th of July Event This Thursday! uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. The BEST Path to Proving Sleep Apnea is Service Connected. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Source: Department of Veteran Affairs Regional Office New Orleans, LA. We cant possibly cover each of those and the ways to service connect all of them in this one article. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. Therefore you should be well prepared before submitting your claim. 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.. 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. 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. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. This is where I come in. %%EOF Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices caused or made worse by your active duty military service OR. 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. See id. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. That said, the key here is making the connection from service to diagnosis. I recommend Perkins Law Firm. I read hundreds of cases. endstream Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 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. Is Sleep Apnea Could Be a Service-Connected VA Disability? I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. How to Hire an Attorney For Your VA Claim or Appeal. 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. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Both anxiety and depression can also be linked to sleep apnea. If you have this condition, it causes the throat muscles to relax while sleeping. Was your obstructive sleep apnea (OSA) VA claim denied? Nexus is simply a connection or series of connections linking two or more things. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. fight to get their sleep apnea service-connected. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The most trusted name in education-based resources for Veterans. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. And you are going to have to presentit neatly andpersuasivelyto the VA. This means they make their claim without providing much proof. In our experience, most VA disability claims are won or lost based on medical evidence. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Keep us posted Im eager to hear how it turns out! 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. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. I am also service connected for chronic bronchitis with a rating of 0 %. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. endobj How can you learn more about these things? I got a 50% rating. Of course, I dont give legal advice on the Veterans Law Blog. Need help claiming this crucial part of your claim? Below is the schedule for rating disability for Chronic Fatigue Sundrome. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. Learn how your comment data is processed. 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. I talked to several doctors and sleep experts. Do I Need a CPAP Machine to be Service-Connected? Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Make sure to have your sleep study done. 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. sleep apnea is not the kind of disability associated with a wounded warrior. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Winning a VA Sleep Apnea is much harder. That is how I suggest you handle this situation. Worsening of symptoms after activities. Camp Lejeune Lawsuit. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. The same can be said about service-connected mental health conditions. This is what is called the Nexus. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. 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. Andmy sleep study was not done in the military.. Kim was very helpful and any time I had a question she made sure I got an answer. (In many cases, amedical expert report or opinion may be crucial to success). How to Hire an Attorney For Your VA Claim or Appeal. * 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). This may be even easier for you now because of a new VA new rule as of August 2, 2021. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream Take advantage of a FREE VA Claim Discovery Call. Without a CPAP machine, the VA assigns a 30% rating. 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 The VA uses two options for rating most sleep apnea claims. * Can I service connect sleep apnea without a sleep study in service? <>stream The transmission of an email request for information does not create an attorney client relationship. How to File a Claim on VA.gov (step-by-step)! Need a C&P exam for sleep apnea secondary to PTSD? They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Copyright 2023 VA Claims Insider, LLC. My claim was approved first time submitting. For doing an awesome job. 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. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. The VA uses two options for rating most sleep apnea claims. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Your email address will not be published. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Its almost as much work and it can often take as much dedication. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. 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). 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). . All Rights Reserved. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). It is the only thing that kept in the fight and especially it keeps sane and focus. Estimate your 2023 VA Rating & Compensation for FREE! 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I believe that the VA and BVA do not take Sleep Apnea seriously. 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. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. 203, San Jose, CA 95134 Also see our post What is a Service-Connected Disability? 2017-05-30T18:09:36-04:00 . * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Theres lots of literature available to back it up. 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. She has always had a passion for helping others and found inspiration from those she cared for. Battle of DUAL-EXPERTS Chris, you called it!!! 8 0 obj There are 3 ways to get it: Chris, 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. 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. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Allergies or sensitivities to foods, odors, chemicals, or noise. Do you have questions about how to service connect sleep apnea claims? Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Any advice on getting sleep apnea service connected? UNFORTUNATELY HE DIED.! Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. 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 * WHAT evidencetouseandwhich path to Service Connectionto use. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. I cannot get the sleep apnea connected. I have had cardiomegly X-rays while on active duty. 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.. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 One step at a time, one claim at a time, one veteran at a time.we vets are winning!! This field is for validation purposes and should be left unchanged. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Your email address will not be published. Department of Veterans Affairs Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Template for processing Decision or Remand He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Did the VA Benefit of the Doubt Rule just disappear? 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. They denied injections the doctor recommended to ease my pain. 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. * How the VA willrate your sleep apnea condition after granting Service Connection. Service-Connected Sleep Apnea VA Claim | Strategic Veteran uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Chills and night sweats as well as low-grade fevers. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. Both sinusitis and rhinitis are linked to sleep apnea. See you on the inside! BVA Decision I awake countless time at night due to this. How to Get a 100 Percent VA Rating (if deserved)! Also sinusitis, rhinitis, hypertension. 2 0 obj Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Sounds easy enough, right? Winning a VA claim to service connect sleep apnea is hard. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Those are the ingredients. %PDF-1.4 7 0 obj Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. Required fields are marked *. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. * 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. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. yet assertive representation for our clients. endobj Just had C& P exam for sleep apnea. 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. 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.

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