After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Allergies or sensitivities to foods, odors, chemicals, or noise. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 3. We are sorry that this post was not as useful for you! Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Not presumptively. She has always had a passion for helping others and found inspiration from those she cared for. Your airway narrows and closes, leading to pauses in the breathing cycle. I filed to reopen my SA claim in 2016. <>stream Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 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). Learn how your comment data is processed. I have a diagnosis and a CPAPwhy arent they granting my claim?. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. Copyright 2023 VA Claims Insider, LLC. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The most trusted name in education-based resources for Veterans. A nexus letter is often the missing link in a VA claim. 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. And that means you are going to have to think through your sleep apnea claim. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. However, most of the time, sleep apnea is a secondary claim. put your Sleep Apnea Claim together right. * The importance ofamedical expert opinion in your Sleep Apnea claim. Even if youve been denied before, its not too late! Is Sleep Apnea a Disability? A Guide for Veterans caused or made worse by your active duty military service OR. 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. In my book Put it to Rest! 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Since that time, we have provided compassionate So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. The most trusted name in education-based resources for Veterans. Also see our post What is a Service-Connected Disability? 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. You DESERVE a HIGHER VA rating.WE CAN HELP. application/pdf Sleep apnea is a medically complex disorder. I disagree. THANK YOU AGAIN. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. I filed NOD in early 2017 request an informal DRO. No current sleep study within the last 12 months, #2. Thanks for your concern and the blog. 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. Theres lots of literature available to back it up. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 38 U.S.C.A. Both sinusitis and rhinitis are linked to sleep apnea. To find the definitive guide for service-connection for sleep apnea, check it out here. Whats the VAs Problem with Sleep Apnea? 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. 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. I have also had a stroke. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. Everyone I came in contact with there was very nice. about the threat of COVID-19 * What if it wasnt diagnosed until years after service can I service connect it then? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. If you use a CPAP machine, then this should warrant a 50% rating. 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). When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. See you on the inside! His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. z`tsd#Ex>@"A"M@+5;$ Youre arent alone. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Need help claiming this crucial part of your claim? How can you learn more about these things? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Microsoft Word 2010 2023-03-04T21:20:56-05:00 How to File a Claim on VA.gov (step-by-step)! Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. I cannot get the sleep apnea connected. 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 also have central and obstructive sleep apnea which has been denied service connection. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. It only took three months. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. VA Disability Ratings for Hypertension and Sleep Apnea Favorable BVA Case Law Precedent Example #2: I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Those are the ingredients. How is Chronic Fatigue Syndrome Diagnosed? If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. %%EOF Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! I have sleep apnea and emphysema. 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. 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. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Sounds easy enough, right? 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 ?). Take advantage of a FREE VA Claim Discovery Call. 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. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. The problem is that many disabilities that arise in service are not actually diagnosed in service. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Without a CPAP machine, the VA assigns a 30% rating. Its over 165 pages long, and took 9 months of research. 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. However, this has been thoroughly disproven. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Gulf War Illness and Presumptive Service Connection. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. fight to get their sleep apnea service-connected. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Do I Need a CPAP Machine to be Service-Connected? Estimate your 2023 VA Rating & Compensation for FREE! Why? Headaches which are new or have become worse. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 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. (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)! 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. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Has camp Lejeune exposures been linked to sleep apnea? . VA claim for sleep apnea denied? VA Disability Ratings for Sleep Disturbances | CCK Law uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Its one thing to give you the ingredients for a chocolate cake. Any advice on getting sleep apnea service connected? If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. I believe that the VA and BVA do not take Sleep Apnea seriously. My emphysema is connected. * How do I appeal the VAs denial of my Sleep Apnea? Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I cannot recommend Jason and his staff enough. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. 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. 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. Instead, the leading cause of sleep apnea is weight gain. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Yi-bR :z>r6iFR This field is for validation purposes and should be left unchanged. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. . Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. Were Veterans, just like you, whove learned how to navigate within the VA system. 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. Just think about our veterans from older eras. By doing this your claim will have the best chance possible. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. While we still have our home base in Florida, A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. sleep apnea is not the kind of disability associated with a wounded warrior. The question raised in this case is whether this "intermediate step" is limited to . 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. Otherwise, I would properly ended up in mental health facility or going insane!!! 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. Learn how your comment data is processed. 67 0 obj <>stream Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Do You Owe Your Severance Pay Back to the VA? According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Is Sleep Apnea Could Be a Service-Connected VA Disability? 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. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Hence, the weight gain. If you are lucky, you start breathing again. 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. If you continue to use this site we will assume that you are happy with it. You are going to have to get a LOT of 5-Star Evidence. The question raised in this case is whether this "intermediate step" is limited to . My sleep apnea is worsened when I lie on my back and I still have loss of breath. But most veterans are not service-connected for this sinus condition. How to Get a 100 Percent VA Rating (if deserved)! Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. For doing an awesome job. Making the Sausage: Heres what you need to know about new VA Claims regulations. We cant possibly cover each of those and the ways to service connect all of them in this one article. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a I awake countless time at night due to this. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream I read hundreds of cases. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? If you use a CPAP machine, then this should warrant a 50% rating. * How the VA willrate your sleep apnea condition after granting Service Connection. Will be some time before answer but getting all the info I can. 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 fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Which primary disabilities make the best claims for secondary service connection of sleep apnea? The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. endobj Board of Veterans' Appeals I think that far too many raters and BVA judges think of sleep apnea as made up medicine. endstream endobj startxref 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. * Can I service connect sleep apnea without a sleep study in service? I only have 50 days to file NOD, or file a BVA appeal within 1 year. Camp Lejeune Lawsuit. * Can Agent Orange cause Sleep Apnea? Winning a VA Sleep Apnea is much harder. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. I did not have a va physical until about 13 years after seperation from service. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201
Madison Lecroy Charleston Sc Age,
Dallas County Elections 2022,
Enclosure For Sheep In Scotland Crossword Clue,
Is Randy Owens Mother Still Alive,
Articles S
