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4 Lessons You Need to Learn to Service Connect Sleep Apnea. Nexus is simply a connection or series of connections linking two or more things. NOW ITS YOUR TURN. VA Disability Ratings for Sleep Disturbances | CCK Law And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. I have sleep apnea and emphysema. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. Were Veterans, just like you, whove learned how to navigate within the VA system. Youll need to make the call on direct service connection versus secondary service connection. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. sleep apnea is DEADLY, my brother in law went out CAMPING. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. caused or made worse by your active duty military service OR. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. As a fellow disabled Veteran this is shameful and Im on a mission to change it. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. 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. Save my name, email, and website in this browser for the next time I comment. Copyright 2023 VA Claims Insider, LLC. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Thousands of other Veterans in our Community are here for you. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 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. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. You can lose your arms and legs and still survive. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Copyright 2023 VA Claims Insider, LLC. Please call for an appointment before visiting: Mail Processing Center: P.O. I recd another denial (3rd) Jun 30, 2017. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. application/pdf 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Is Sleep Apnea Could Be a Service-Connected VA Disability? 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Everyone I came in contact with there was very nice. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. She has always had a passion for helping others and found inspiration from those she cared for. 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. put your Sleep Apnea Claim together right. It's almost as much work - and it can often take as much dedication. Those are the ingredients. But most veterans are not service-connected for this sinus condition. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. * WHAT evidencetouseandwhich path to Service Connectionto use. See R. at 8-9. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. The VA uses two options for rating most sleep apnea claims. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r YEP!!! 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. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Thousands of other Veterans in our Community are here for you. Contact Us 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. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. I talked to several doctors about the causes and limitations of sleep apnea. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Take advantage of a FREE VA Claim Discovery Call. Your email address will not be published. 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 ?). We offer free resources and expertise to empower all Veterans. Andmy sleep study was not done in the military.. If you use a CPAP machine, then this should warrant a 50% rating. Sleep apnea is a medically complex disorder. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! With lay evidence AND medical evidence. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. endobj I have had cardiomegly X-rays while on active duty. 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. Therefore you should be well prepared before submitting your claim. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. injury case. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! But if your body cannot get sleep, you will die. If you are lucky, you start breathing again. San Jose, CA: 2880 Zanker Road, Ste. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. . If you have this condition, it causes the throat muscles to relax while sleeping. 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. 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). Keep us posted Im eager to hear how it turns out! without his BI-PAP MACHINE,one up from CPAP,which i have. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the endstream endobj 43 0 obj <>stream I have sleep apnea diagnosed by the VA sleep study. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 FREE tips for Veterans to stay 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. 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? 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. * The importance ofamedical expert opinion in your Sleep Apnea claim. 67 0 obj <>stream Just had C& P exam for sleep apnea. UNFORTUNATELY HE DIED.! 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. They denied extra physical therapy. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Weight gain can be tied to several different conditions. Estimate your 2023 VA Rating & Compensation for FREE! Dont make the mistake so many other veterans have. While we still have our home base in Florida, Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Below is the schedule for rating disability for Chronic Fatigue Sundrome. The rate was a staggering 22%. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. (In many cases, amedical expert report or opinion may be crucial to success). People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. 4 0 obj Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. As this represents a total grant . Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. It only took three months. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Your airway narrows and closes, leading to pauses in the breathing cycle. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Not presumptively. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Source: Department of Veteran Affairs Regional Office New Orleans, LA.

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