Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. 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. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 0 uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. z`tsd#Ex>@"A"M@+5;$ 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Winning a VA Sleep Apnea is much harder. * What if it wasnt diagnosed until years after service can I service connect it then? Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. I am service connected for chronic sinusitis with a 30% rating. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. How is Chronic Fatigue Syndrome Diagnosed? If you need assistance in appealing your claim for CFS,let us know here! Why? Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 38 U.S.C.A. 203, San Jose, CA 95134 Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 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. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Those are the ingredients. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. I got a 50% rating. 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. Dont make the mistake so many other veterans have. I tried going it alone and the insurance carrier pushed me around. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. But if your body cannot get sleep, you will die. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. How to Get a 100 Percent VA Rating (if deserved)! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. 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 use a CPAP machine, then this should warrant a 50% rating. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. %PDF-1.4 % There are 3 ways to get it: Chris, It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Otherwise, I would properly ended up in mental health facility or going insane!!! .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w As this represents a total grant . %%EOF If you are hurt at work, this is the firm you want on YOUR side. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Your email address will not be published. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. They denied extra physical therapy. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. See R. at 8-9. 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. Even if youve been denied before, its not too late! No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Most Veterans are not proving sleep apnea is service connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Your voice is important especially when it comes to your own health care. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. While we still have our home base in Florida, My sleep apnea is worsened when I lie on my back and I still have loss of breath. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Need help claiming this crucial part of your claim? There are three types, obstructive, central, and mixed. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. . This is described as being foggy by patients. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. THANK YOU AGAIN. It is the only thing that kept in the fight and especially it keeps sane and focus. The VA uses two options for rating most sleep apnea claims. 38 0 obj <> endobj We are sorry that this post was not as useful for you! Chills and night sweats as well as low-grade fevers. 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. Estimate your 2023 VA Rating & Compensation for FREE! When I turned my case over to Jason things turned around, QUICK. Hence, the weight gain. Your first step is to be absolutely sure about what type of apnea you have. * How the VA willrate your sleep apnea condition after granting Service Connection. <>stream 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. 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. Honestly, they are just saying it. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 This field is for validation purposes and should be left unchanged. 3. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. If you continue to use this site we will assume that you are happy with it. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Template for processing Decision or Remand Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Do I Need a CPAP Machine to be Service-Connected? Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Ann Margaret really took the time to explain things to me. They were at all times attentive and on top of my case. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! endobj This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I talked to several doctors and sleep experts. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Its over 165 pages long, and took 9 months of research. Youre welcome, Sam! You're not alone. 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. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Give us a call at 800-477-9027 to see if we can help you. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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, Copyright 2023 VA Claims Insider, LLC. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. 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. The same can be said about service-connected mental health conditions. Instead, the leading cause of sleep apnea is weight gain. 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! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Learn how your comment data is processed. However, if you use one, it does provide you with a higher rating.
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