Are you a veteran who suffers from sleep apnea? As this represents a total grant . The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Also sinusitis, rhinitis, hypertension. How to Hire an Attorney For Your VA Claim or Appeal. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). %PDF-1.4 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. 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. 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 was diagnosed with OSA 10 years after separation. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. While we still have our home base in Florida, Without a CPAP machine, the VA assigns a 30% rating. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. *To prove your Sleep Apnea is service connected without a sleep study in the military? Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. How to Get a 100 Percent VA Rating (if deserved)! endobj I have had cardiomegly X-rays while on active duty. 2023-03-04T21:20:56-05:00 The BEST Path to Proving Sleep Apnea is Service Connected. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Hot Dogs for Heroes 4th of July Event This Thursday! 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 7 0 obj . See our article Burn Pit Presumptive Conditions. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Required fields are marked *. Hepatitis C also causes insulin resistance. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Winning a VA claim to service connect sleep apnea is hard. * What if it wasnt diagnosed until years after service can I service connect it then? VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Nexus is simply a connection or series of connections linking two or more things. I cannot get the sleep apnea connected. You can lose a kidney, and live a full and complete life. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Our firm was founded in 1986 in Orlando, Florida. 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 But remember the ultimate goal to win your VA disability compensation claim. 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. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Making the Sausage: Heres what you need to know about new VA Claims regulations. The question raised in this case is whether this "intermediate step" is limited to . endstream endobj 43 0 obj <>stream 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. hTOo0| 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT If you need assistance in appealing your claim for CFS,let us know here! aggravated beyond its natural progression by another service-connected condition (for secondary service connection). I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. The same can be said about service-connected mental health conditions. endstream endobj startxref Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. (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)! yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 8 0 obj 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. 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. This field is for validation purposes and should be left unchanged. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Copyright 2023 VA Claims Insider, LLC. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Just had C& P exam for sleep apnea. They denied extra physical therapy. 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 ?). Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Were Veterans, just like you, whove learned how to navigate within the VA system. Its over 165 pages long, and took 9 months of research. Both anxiety and depression can also be linked to sleep apnea. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Save my name, email, and website in this browser for the next time I comment. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. <>stream 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. 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. Headaches which are new or have become worse. Camp Lejeune Lawsuit. 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. In our experience, most VA disability claims are won or lost based on medical evidence. What about PTSD? In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. A noticeable sign of obstructive sleep apnea is snoring. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. This is what is called the Nexus. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. I disagree. I believe that the VA and BVA do not take Sleep Apnea seriously. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Hence, the weight gain. If you are hurt at work, this is the firm you want on YOUR side. Jason Perkins, was my lawyer in a workers comp. All Rights Reserved. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. The VA uses two options for rating most sleep apnea claims. 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. 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. Do you have questions about how to service connect sleep apnea claims? Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Why? People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 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. Both sinusitis and rhinitis are linked to sleep apnea. 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. Without a CPAP machine, the VA assigns a 30% rating. 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. Youre arent alone. 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. However, if you use one, it does provide you with a higher rating. and Coronavirus. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Kim was very helpful and any time I had a question she made sure I got an answer. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. I talked to several doctors and sleep experts. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Sleep apnea is a medically complex disorder. If you use a CPAP machine, then this should warrant a 50% rating. 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. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Secondary Service Connection presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Thats $901.83 a month. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 If you have this condition, it causes the throat muscles to relax while sleeping. 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. They denied injections the doctor recommended to ease my pain. They were at all times attentive and on top of my case. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. about the threat of COVID-19 and Coronavirus. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). You're not alone. Any advice on getting sleep apnea service connected? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Dont make the mistake so many other veterans have. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 203, San Jose, CA 95134 Chills and night sweats as well as low-grade fevers. I awake countless time at night due to this. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Your voice is important especially when it comes to your own health care. See you on the inside! Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 2017-05-30T18:09:36-04:00 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Learn more about us, Veterans Disability Claim 2023-03-04T21:20:56-05:00 This may be 20 or 30 years after the problems started. Yi-bR :z>r6iFR If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. Wc%X$(:ss!LCO^?4d *$ 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). * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Winning a VA Sleep Apnea is much harder. This is where I come in. 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. 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. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. The most trusted name in education-based resources for Veterans. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. . * How do I appeal the VAs denial of my Sleep Apnea? I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. endobj Estimate your 2023 VA Rating & Compensation for FREE! LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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). You cut off oxygen to the brain and blood, and other body systems break down. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Excessive daytime sleepiness is the most noticeable signal for those who live alone. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. I recd another denial (3rd) Jun 30, 2017. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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. How to File a Claim on VA.gov (step-by-step)! Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 0 Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Even a previous diagnosis may not be accepted by the VA without a sleep study. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. By doing this your claim will have the best chance possible. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Need help claiming this crucial part of your claim? 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. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Of course, I dont give legal advice on the Veterans Law Blog. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Physical therapy can be given to help maintain and improve mobility. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Sounds easy enough, right? Thousands of other Veterans in our Community are here for you.