service connection for sleep apnea 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). The question raised in this case is whether this "intermediate step" is limited to . And that means you are going to have to think through your sleep apnea claim. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 2023-03-04T21:20:56-05:00 In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Yi-bR :z>r6iFR endstream Battle of DUAL-EXPERTS Chris, you called it!!! I read hundreds of cases. This may be 20 or 30 years after the problems started. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Headaches which are new or have become worse. %%EOF In fact, sleep deprivation is a common form of torture, as many of us know all too well. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( The rate was a staggering 22%. You can subscribe to his Veterans Disability channel on YouTube. Thats what Sleep Apnea does while you are sleeping, you stop breathing. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Its an essential piece of evidence. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. However, if you use one, it does provide you with a higher rating. 4 0 obj Unfortunately, VA does not always apply the law correctly. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I talked to several doctors and sleep experts. How you mix them is the hard part. Theres lots of literature available to back it up. Secondary Service Connection 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). Sounds easy enough, right? 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. The same can be said about service-connected mental health conditions. Its an entirely different thing to mix those ingredients so that they turn into a cake. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. The first requirement which must be met to satisfy the VA is a sleep study. My sleep apnea is worsened when I lie on my back and I still have loss of breath. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? I filed NOD in early 2017 request an informal DRO. As this represents a total grant . Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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! In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. I recd another denial (3rd) Jun 30, 2017. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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! 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. I have also had a stroke. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. YEP!!! 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. You cut off oxygen to the brain and blood, and other body systems break down. 38 0 obj <> endobj I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. If you use a CPAP machine, then this should warrant a 50% rating. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Its over 165 pages long, and took 9 months of research. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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 believe the two are connected. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! You can lose your arms and legs and still survive. Do You Owe Your Severance Pay Back to the VA? Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. Both anxiety and depression can also be linked to sleep apnea. Hence, the weight gain. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. THANK YOU AGAIN. Estimate your 2023 VA Rating & Compensation for FREE! Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. The most trusted name in education-based resources for Veterans. 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. We can helpreach out so we can show you how. Has camp Lejeune exposures been linked to sleep apnea? You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. My expert agreed to write a rebuttal opinion to the VAs expert. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Otherwise, I would properly ended up in mental health facility or going insane!!! if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I got a 50% rating. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. FREE tips for Veterans to stay * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Our firm was founded in 1986 in Orlando, Florida. 2017-05-30T18:09:36-04:00 To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 0 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Save my name, email, and website in this browser for the next time I comment. I was diagnosed with OSA 10 years after separation. 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. Honestly, they are just saying it. Sounds easy enough, right? Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. I disagree. I believe that the VA and BVA do not take Sleep Apnea seriously. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. How can you learn more about these things? This field is for validation purposes and should be left unchanged. How to Hire an Attorney For Your VA Claim or Appeal. While we still have our home base in Florida, Medical professionals did not have the medical capabilities to perform sleep study testing when they served. When I turned my case over to Jason things turned around, QUICK. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Contact Us And that means you are going to have to think through your sleep apnea claim. A noticeable sign of obstructive sleep apnea is snoring. (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)! How to Get a 100 Percent VA Rating (if deserved)! Department of Veterans Affairs Thanks for your concern and the blog. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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 talked to hundreds of Veterans who had been denied VAsleep apnea compensation. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Thousands of other Veterans in our Community are here for you. Also see our post What is a Service-Connected Disability? HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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. . 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. hTOo0| Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 67 0 obj <>stream Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Camp Lejeune Lawsuit. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Below is the schedule for rating disability for Chronic Fatigue Sundrome. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. yet assertive representation for our clients. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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. Take advantage of a FREE VA Claim Discovery Call. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Check out the Sleep Apnea Field Manual. Making the Sausage: Heres what you need to know about new VA Claims regulations. San Jose, CA: 2880 Zanker Road, Ste. 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. 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. 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. With lay evidence AND medical evidence. Are you a veteran who suffers from sleep apnea? Why? I have tried to connect OSA secondary to chronic sinusitis which has also been denied. I tried going it alone and the insurance carrier pushed me around. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! What about PTSD? HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. If you need assistance in appealing your claim for CFS,let us know here! IN THE APPEAL OF . Worsening of symptoms after activities. Those are the ingredients. There are three types, obstructive, central, and mixed. Proving Service-Connection for Sleep Apnea. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Your voice is important especially when it comes to your own health care. * How do I appeal the VAs denial of my Sleep Apnea? I am also service connected for chronic bronchitis with a rating of 0 %. 203, San Jose, CA 95134 8 0 obj Do I Need a CPAP Machine to be Service-Connected? The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Instead, the leading cause of sleep apnea is weight gain. Nexus is simply a connection or series of connections linking two or more things. 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. And you are going to have to presentit neatly andpersuasivelyto the VA. My emphysema is connected. This field is for validation purposes and should be left unchanged. Physical therapy can be given to help maintain and improve mobility. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Also sinusitis, rhinitis, hypertension. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Weve supported more than 15,000 veterans to win their claims and increase their ratings. See our article Burn Pit Presumptive Conditions. <>stream The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Its almost as much work and it can often take as much dedication. However, if you use one, it does provide you with a higher rating. If you are hurt at work, this is the firm you want on YOUR side.

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