service connection for sleep apnea is granted

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. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. As a fellow disabled Veteran this is shameful and Im on a mission to change it. <>stream I read hundreds of cases. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Favorable BVA Case Law Precedent Example #2: The most trusted name in education-based resources for Veterans. Whats the VAs Problem with Sleep Apnea? Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Winning a VA claim to service connect sleep apnea is hard. 0 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). . Learn how your comment data is processed. Why? You're not alone. This is what is called the Nexus. 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Your voice is important especially when it comes to your own health care. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. Also see our post What is a Service-Connected Disability? As this represents a total grant . Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. We are sorry that this post was not as useful for you! 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. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. If you continue to use this site we will assume that you are happy with it. You can lose your arms and legs and still survive. put your Sleep Apnea Claim together right. 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. * 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). Local Wounded Veterans Gifted with Opportunities to Go Fishing. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. I recd another denial (3rd) Jun 30, 2017. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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. Its over 165 pages long, and took 9 months of research. I filed NOD in early 2017 request an informal DRO. Contact Us 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). 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. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. See id. Keep up the great work, and remember, the only way to lose is to give up! Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. You're not alone. 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. Youre welcome, Sam! Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Our firm was founded in 1986 in Orlando, Florida. Hence, the weight gain. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Theres lots of literature available to back it up. I can teach you how to do that. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Allergies or sensitivities to foods, odors, chemicals, or noise. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. In my book Put it to Rest! Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. If you need assistance in appealing your claim for CFS,let us know here! The BEST Path to Proving Sleep Apnea is Service Connected. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. without his BI-PAP MACHINE,one up from CPAP,which i have. I cannot get the sleep apnea connected. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Make sure to have your sleep study done. 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. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Worsening of symptoms after activities. Estimate your 2023 VA Rating & Compensation for FREE! VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Nexus is simply a connection or series of connections linking two or more things. 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 I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Everyone I came in contact with there was very nice. Both anxiety and depression can also be linked to sleep apnea. 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. Any advice on getting sleep apnea service connected? This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. You are going to have to get a LOT of 5-Star Evidence. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. * Damage to the brain from a TBI (Traumatic Brain Injury). Also sinusitis, rhinitis, hypertension. <>stream FREE tips for veterans to stay protected, calm and informed She has always had a passion for helping others and found inspiration from those she cared for. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. There are three types, obstructive, central, and mixed. 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. This is in order to be officially diagnosed. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. 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. 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. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, With lay evidence AND medical evidence. Anxiety and depression can interfere with sleep patterns. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Youll need to make the call on direct service connection versus secondary service connection. 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 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. * How do I appeal the VAs denial of my Sleep Apnea? If you use a CPAP machine, then this should warrant a 50% rating. This means they make their claim without providing much proof. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. endstream For doing an awesome job. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. Second example.lets say the veteran has service connection for PTSD. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Of course, I dont give legal advice on the Veterans Law Blog. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. This field is for validation purposes and should be left unchanged. Not presumptively. 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. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Hot Dogs for Heroes 4th of July Event This Thursday! As a fellow disabled Veteran this is shameful and Im on a mission to change it. The rate was a staggering 22%. endstream endobj 43 0 obj <>stream 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! 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. Copyright 2023 VA Claims Insider, LLC. 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). Medical professionals did not have the medical capabilities to perform sleep study testing when they served. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. We would be happy to talk to you. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Did the VA Benefit of the Doubt Rule just disappear? I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 1 0 obj Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Otherwise, I would properly ended up in mental health facility or going insane!!! endobj * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 How to Get a 100 Percent VA Rating (if deserved)! This field is for validation purposes and should be left unchanged. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. 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. Your first step is to be absolutely sure about what type of apnea you have. 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. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. 2020 Strategic Veteran All Rights Reserved. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Save my name, email, and website in this browser for the next time I comment. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Below is the schedule for rating . Its almost as much work and it can often take as much dedication. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. In order to help you with your secondary claim, we have put together this Insiders Guide! How to File a Claim on VA.gov (step-by-step)! . ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Wc%X$(:ss!LCO^?4d *$ And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. See R. at 8-9. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The VA classifies Sleep Apnea as a disability for which compensation is granted. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Your email address will not be published. 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 question raised in this case is whether this "intermediate step" is limited to . For instance, often sleep apnea presents itself in those who have been suffering from PTSD. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 4 0 obj That said, the key here is making the connection from service to diagnosis. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. A noticeable sign of obstructive sleep apnea is snoring. 2023-03-04T21:20:56-05:00 7 0 obj 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. Required fields are marked *. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. My expert agreed to write a rebuttal opinion to the VAs expert. I talked to several doctors and sleep experts. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Those are the ingredients. No current sleep study within the last 12 months, #2. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Headaches which are new or have become worse. 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. How can you learn more about these things? Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Take advantage of a FREE VA Claim Discovery Call. I only have 50 days to file NOD, or file a BVA appeal within 1 year. SvKve5.YmPE}=;vpb -GW2RN (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! I have tried to connect OSA secondary to chronic sinusitis which has also been denied. The transmission of an email request for information does not create an attorney client relationship. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. We offer free resources and expertise to empower all Veterans. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea.