service connection for sleep apnea is granted

Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits 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. If you use a CPAP machine, then this should warrant a 50% rating. 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. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. The transmission of an email request for information does not create an attorney client relationship. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Board of Veterans' Appeals What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. endobj Chris, thank you for the posts and training videos you are providing to veterans. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Is Sleep Apnea Could Be a Service-Connected VA Disability? See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. 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. She has always had a passion for helping others and found inspiration from those she cared for. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. 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. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. yet assertive representation for our clients. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Whats the VAs Problem with Sleep Apnea? One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. fight to get their sleep apnea service-connected. 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. This is what is called the Nexus. My sleep apnea is worsened when I lie on my back and I still have loss of breath. 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. 2023-03-04T21:20:56-05:00 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. * What if it wasnt diagnosed until years after service can I service connect it then? 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. endobj 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. I talked to several doctors about the causes and limitations of sleep apnea. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ endstream If you continue to use this site we will assume that you are happy with it. Sleep Apnea in Gulf War Veterans - Public Health This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. %PDF-1.4 medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). %PDF-1.4 % Weight gain can be tied to several different conditions. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Your airway narrows and closes, leading to pauses in the breathing cycle. Please call for an appointment before visiting: Mail Processing Center: P.O. But most veterans are not service-connected for this sinus condition. 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. 0 This is where I come in. You're not alone. Dear Mr Attig: Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Of course, I dont give legal advice on the Veterans Law Blog. 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. You're not alone. Those are the ingredients. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Secondary Service Connection 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. 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. I recd another denial (3rd) Jun 30, 2017. z`tsd#Ex>@"A"M@+5;$ It only took three months. I got a 50% rating. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Winning a VA claim to service connect sleep apnea is hard. Battle of DUAL-EXPERTS Chris, you called it!!! 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 Estimate your 2023 VA Rating & Compensation for FREE! My emphysema is connected. 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. Winning a VA Sleep Apnea is much harder. Without a CPAP machine, the VA assigns a 30% rating. However, most of the time, sleep apnea is a secondary claim. Required fields are marked *. How to Hire an Attorney For Your VA Claim or Appeal. injury case. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Its one thing to give you the ingredients for a chocolate cake. endstream endobj 42 0 obj <>stream There are 3 ways to get it: Chris, If you need assistance in appealing your claim for CFS,let us know here! * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. I disagree. I told you at the beginning I wantto change your thinking. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. We offer free resources and expertise to empower all Veterans. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. San Jose, CA: 2880 Zanker Road, Ste. * How do I appeal the VAs denial of my Sleep Apnea? HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg THANK YOU AGAIN. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Nexus is simply a connection or series of connections linking two or more things. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. We see that quite often with sleep apnea claims. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Need a C&P exam for sleep apnea secondary to PTSD? 3. 67 0 obj <>stream * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Therefore you should be well prepared before submitting your claim. Its over 165 pages long, and took 9 months of research. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. Save my name, email, and website in this browser for the next time I comment. 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). For doing an awesome job. Sleep apnea is a medically complex disorder. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. 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. VA claim for sleep apnea denied? I only have 50 days to file NOD, or file a BVA appeal within 1 year. A noticeable sign of obstructive sleep apnea is snoring. If you are lucky, you start breathing again. That is how I suggest you handle this situation. However, if you use one, it does provide you with a higher rating. 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. Dont make the mistake so many other veterans have. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Excessive daytime sleepiness is the most noticeable signal for those who live alone. <>stream With lay evidence AND medical evidence. Both anxiety and depression can also be linked to sleep apnea. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. <>stream If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. If you use a CPAP machine, then this should warrant a 50% rating. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. (In many cases, amedical expert report or opinion may be crucial to success). 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Template for processing Decision or Remand Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Your voice is important especially when it comes to your own health care. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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). Medical professionals did not have the medical capabilities to perform sleep study testing when they served. See R. at 8-9. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. FREE tips for Veterans to stay For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. 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. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. endobj 8 0 obj Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. 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. 1 0 obj It is the only thing that kept in the fight and especially it keeps sane and focus. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Department of Veterans Affairs Learn how your comment data is processed. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Thats $901.83 a month. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Keep us posted Im eager to hear how it turns out! Youre arent alone. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. By doing this your claim will have the best chance possible.

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