The VA uses two options for rating most sleep apnea claims. (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)! However, this has been thoroughly disproven. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. See id. 2020 Strategic Veteran All Rights Reserved. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Medical opinions will be CRUCIAL, as these are not NECESSARY connections. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Both sinusitis and rhinitis are linked to sleep apnea. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. 1 0 obj How can you learn more about these things? When I turned my case over to Jason things turned around, QUICK. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. What about PTSD? It's almost as much work - and it can often take as much dedication. Allergies or sensitivities to foods, odors, chemicals, or noise. Are you a veteran who suffers from sleep apnea? Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Give us a call at 800-477-9027 to see if we can help you. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). We would be happy to talk to you. You are going to have to think through your case as objectively as you possibly can. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Do you have questions about how to service connect sleep apnea claims? yet assertive representation for our clients. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. I have sleep apnea and emphysema. sleep apnea is DEADLY, my brother in law went out CAMPING. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. 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. 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. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. IN THE APPEAL OF . Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Secondary Service Connection We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. However, most of the time, sleep apnea is a secondary claim. 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. I have had cardiomegly X-rays while on active duty. NOW ITS YOUR TURN. I filed NOD in early 2017 request an informal DRO. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0
In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. Its an essential piece of evidence. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Tender lymph nodes usually in the neck and underarms. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a This field is for validation purposes and should be left unchanged. Thousands of other Veterans in our Community are here for you. I tried going it alone and the insurance carrier pushed me around. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 38 0 obj
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This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. See our tips on how to obtain a credible nexus letter. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I cannot recommend Jason and his staff enough. 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. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. Ann Margaret really took the time to explain things to me. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Without a CPAP machine, the VA assigns a 30% rating. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Wc%X$(:ss!LCO^?4d *$
Why? 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. <>stream 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. Did the VA Benefit of the Doubt Rule just disappear? And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. z`tsd#Ex>@"A"M@+5;$ My sleep apnea is worsened when I lie on my back and I still have loss of breath. The VA classifies Sleep Apnea as a disability for which compensation is granted. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Save my name, email, and website in this browser for the next time I comment. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. we represent clients nationwide. They denied injections the doctor recommended to ease my pain. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I can teach you how to do that. f%Ygaz~u&d_',BB)Kw4(wb B
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t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) I talked to several doctors about the causes and limitations of sleep apnea. 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, 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. If you are already service-connected for your knees or your back, you are likely not as active as you once were. These pauses can happen several times an hour when the apnea is severe. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 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. I cannot get the sleep apnea connected. (In many cases, amedical expert report or opinion may be crucial to success). This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. This is a great group of people who really care about your well being. Need help claiming this crucial part of your claim? Your email address will not be published. I believe that the VA and BVA do not take Sleep Apnea seriously. Also sinusitis, rhinitis, hypertension. If you are hurt at work, this is the firm you want on YOUR side. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. I dont know if Im authorize a second run at the DRO or go straight to BVA. Sleep apnea is a medically complex disorder. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Excessive daytime sleepiness is the most noticeable signal for those who live alone. 2017-05-30T18:09:36-04:00 Therefore you should be well prepared before submitting your claim. * WHAT evidencetouseandwhich path to Service Connectionto use. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Winning a VA Sleep Apnea is much harder. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. However, if you use one, it does provide you with a higher rating. Making the Sausage: Heres what you need to know about new VA Claims regulations. 3. * How the VA willrate your sleep apnea condition after granting Service Connection. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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. 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. We offer free resources and expertise to empower all Veterans. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. All Rights Reserved. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Chills and night sweats as well as low-grade fevers. 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 Scenario 2: The Veteran has a current diagnosis of sleep apnea. and Coronavirus. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. * Can I service connect sleep apnea without a sleep study in service? 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. endstream Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I understand you want your VA claim to be done as quickly as possible. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. Contact Us VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Your airway narrows and closes, leading to pauses in the breathing cycle. Theres lots of literature available to back it up. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Was your obstructive sleep apnea (OSA) VA claim denied? Your email address will not be published. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. Everyone I came in contact with there was very nice. Anxiety and depression can interfere with sleep patterns. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. Your first step is to be absolutely sure about what type of apnea you have. Do I Need a CPAP Machine to be Service-Connected? If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. <>stream This is where I come in. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. A nexus letter is often the missing link in a VA claim. 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. We are sorry that this post was not as useful for you! Please call for an appointment before visiting: Mail Processing Center: P.O. Jason Perkins, was my lawyer in a workers comp. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I have also had a stroke. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. * 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). 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. 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. 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. Copyright 2023 VA Claims Insider, LLC. Required fields are marked *. 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. YEP!!! Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. That said, the key here is making the connection from service to diagnosis. put your Sleep Apnea Claim together right. FREE tips for Veterans to stay I awake countless time at night due to this. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Chris, thank you for the posts and training videos you are providing to veterans. (6.[,P)BLd?8e:}]eS8Sx|
XvKdEP,Zbl65k8 x!KSToHjbrC. 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. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . That is how I suggest you handle this situation. However, the VA. Take advantage of a FREE VA Claim Discovery Call. Your email address will not be published. caused or made worse by your active duty military service OR. 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. about the threat of COVID-19 I stated on my retirement physical that I sometimes have trouble sleeping at night. Save my name, email, and website in this browser for the next time I comment. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. 2023-03-04T21:20:56-05:00 This means they make their claim without providing much proof. 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). Proving Service-Connection for Sleep Apnea. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 203, San Jose, CA 95134 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 endobj Without a CPAP machine, the VA assigns a 30% rating.
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