From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. Are you a veteran who suffers from sleep apnea? In my book Put it to Rest! 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. SvKve5.YmPE}=;vpb -GW2RN Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. Department of Veterans Affairs VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Everyone I came in contact with there was very nice. Both anxiety and depression can also be linked to sleep apnea. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This may be even easier for you now because of a new VA new rule as of August 2, 2021. <>stream 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. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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 only have 50 days to file NOD, or file a BVA appeal within 1 year. The information contained on this web site is provided for informational purposes only and not legal advice. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. 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. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. In order to help you with your secondary claim, we have put together this Insiders Guide! Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Copyright 2023 VA Claims Insider, LLC. You can lose a kidney, and live a full and complete life. THANK YOU AGAIN. YEP!!! They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Learn how your comment data is processed. Thousands of other Veterans in our Community are here for you. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 203, San Jose, CA 95134 If you need assistance in appealing your claim for CFS,let us know here! . Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. endobj 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. 2017-05-30T18:09:36-04:00 about the threat of COVID-19 Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). A nexus letter is often the missing link in a VA claim. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. How you mix them is the hard part. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. If you have this condition, it causes the throat muscles to relax while sleeping. My claim was approved first time submitting. 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. FREE tips for Veterans to stay These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. 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. I have also had a stroke. UNFORTUNATELY HE DIED.! 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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! Your email address will not be published. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Theres lots of literature available to back it up. 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. You are going to have to think through your case as objectively as you possibly can. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> By doing this your claim will have the best chance possible. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Hepatitis C also causes insulin resistance. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. This is a great group of people who really care about your well being. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! This is described as being foggy by patients. * Can I service connect sleep apnea without a sleep study in service? Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. I recommend Perkins Law Firm. No current sleep study within the last 12 months, #2. 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. I cannot recommend Jason and his staff enough. Its one thing to give you the ingredients for a chocolate cake. 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Were Veterans, just like you, whove learned how to navigate within the VA system. % I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. The BEST Path to Proving Sleep Apnea is Service Connected. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Worsening of symptoms after activities. 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Jason Perkins, was my lawyer in a workers comp. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 All Rights Reserved. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. These pauses can happen several times an hour when the apnea is severe. 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). High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. 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. I believe the two are connected. Copyright 2023 VA Claims Insider, LLC. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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. Digestion issues like IBS (irritable bowel syndrome). Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This field is for validation purposes and should be left unchanged. If you use a CPAP machine, then this should warrant a 50% rating. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). protected, calm and informed Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. 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. 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). . Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Any advice on getting sleep apnea service connected? Camp Lejeune Lawsuit. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. endstream Source: Department of Veteran Affairs Regional Office New Orleans, LA. If you continue to use this site we will assume that you are happy with it. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. put your Sleep Apnea Claim together right. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Winning a VA Sleep Apnea is much harder. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. They were at all times attentive and on top of my case. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Give us a call at 800-477-9027 to see if we can help you. She has always had a passion for helping others and found inspiration from those she cared for. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 7 0 obj 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. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Whats the VAs Problem with Sleep Apnea? Need a C&P exam for sleep apnea secondary to PTSD? endstream endobj 43 0 obj <>stream I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Those are the ingredients. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. However, the VA. yet assertive representation for our clients. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing.
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