service connection for sleep apnea is granted

document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. The information contained on this web site is provided for informational purposes only and not legal advice. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I talked to several doctors and sleep 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. As this represents a total grant . Even a previous diagnosis may not be accepted by the VA without a sleep study. Hot Dogs for Heroes 4th of July Event This Thursday! Chills and night sweats as well as low-grade fevers. hTOo0| The transmission of an email request for information does not create an attorney client relationship. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. (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)! A nexus letter is often the missing link in a VA claim. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. %%EOF We would be happy to talk to you. Chris, thank you for the posts and training videos you are providing to veterans. 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. I also have central and obstructive sleep apnea which has been denied service connection. Kim was very helpful and any time I had a question she made sure I got an answer. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I awake countless time at night due to this. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. endobj 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 disagree. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Your email address will not be published. I am service connected for chronic sinusitis with a 30% rating. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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). The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Making the Sausage: Heres what you need to know about new VA Claims regulations. Do I Need a CPAP Machine to be Service-Connected? What about PTSD? FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. 2020 Strategic Veteran All Rights Reserved. sleep apnea is DEADLY, my brother in law went out CAMPING. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> FREE tips for veterans to stay protected, calm and informed A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Its over 165 pages long, and took 9 months of research. The rate was a staggering 22%. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. The most trusted name in education-based resources for Veterans. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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. With lay evidence AND medical evidence. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Since that time, we have provided compassionate Hepatitis C also causes insulin resistance. endobj Just had C& P exam for sleep apnea. 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 One step at a time, one claim at a time, one veteran at a time.we vets are winning!! I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Your email address will not be published. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. If you use a CPAP machine, then this should warrant a 50% rating. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). 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! Do you have questions about how to service connect sleep apnea claims? Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Jason Perkins, was my lawyer in a workers comp. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. I have had cardiomegly X-rays while on active duty. It's almost as much work - and it can often take as much dedication. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. <>stream She has always had a passion for helping others and found inspiration from those she cared for. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. endstream endobj 42 0 obj <>stream 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? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Our firm was founded in 1986 in Orlando, Florida. 8 0 obj Either way, Veterans have an uphill fight to get their sleep apnea service-connected. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Want More Information about VA Sleep Apnea? Winning a VA Sleep Apnea is much harder. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Yi-bR :z>r6iFR 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. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. However, most of the time, sleep apnea is a secondary claim. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! The question raised in this case is whether this "intermediate step" is limited to . To find the definitive guide for service-connection for sleep apnea, check it out here. Headaches which are new or have become worse. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. See R. at 8-9. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Are you a veteran who suffers from sleep apnea? How to File a Claim on VA.gov (step-by-step)! For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. The question raised in this case is whether this "intermediate step" is limited to . The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Make sure to have your sleep study done. 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. 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. 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 Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Since there is no cure for CFS the treatment focuses on relief of the symptoms. and Coronavirus. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Your airway narrows and closes, leading to pauses in the breathing cycle. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. You're not alone. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Obstructive sleep apnea (OSA) is the most common type of sleep apnea. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. 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. 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 want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Scenario 2: The Veteran has a current diagnosis of sleep apnea. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. How to Connect Sleep Apnea to Military Service. put your Sleep Apnea Claim together right. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w We cant possibly cover each of those and the ways to service connect all of them in this one article. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. All Rights Reserved. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. That said, the key here is making the connection from service to diagnosis. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Dear Mr Attig: This means they make their claim without providing much proof. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Otherwise, I would properly ended up in mental health facility or going insane!!! Many Veterans suffering from emotional distress overeat and lack the motivation to work out.

service connection for sleep apnea is granted 2023