Your first step is to be absolutely sure about what type of apnea you have. %PDF-1.4 % 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. The first requirement which must be met to satisfy the VA is a sleep study. FREE tips for Veterans to stay Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 38 U.S.C.A. How to Get a 100 Percent VA Rating (if deserved)! injury case. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. 2020 Strategic Veteran All Rights Reserved. <>stream 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. 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). 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. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. . When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, 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. We would be happy to talk to you. If you are hurt at work, this is the firm you want on YOUR side. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I recd another denial (3rd) Jun 30, 2017. Youre welcome, Sam! Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. without his BI-PAP MACHINE,one up from CPAP,which i have. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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 one study, 69.2% of veterans were assessed as being at high risk for OSA.). Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. That said, the key here is making the connection from service to diagnosis. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. * What if it wasnt diagnosed until years after service can I service connect it then? Department of Veterans Affairs Also sinusitis, rhinitis, hypertension. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Thousands of other Veterans in our Community are here for you. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). We offer free resources and expertise to empower all Veterans. Thousands of other Veterans in our Community are here for you. 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. VA Disability Ratings for Sleep Disturbances | CCK Law 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. Veterans Benefits Network-Sleep Apnea secondary to Service Connected This is a great group of people who really care about your well being. 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. 8 0 obj She has always had a passion for helping others and found inspiration from those she cared for. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. If you use a CPAP machine, then this should warrant a 50% rating. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 2017-05-30T18:09:36-04:00 Your voice is important especially when it comes to your own health care. I read hundreds of cases. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Were Veterans, just like you, whove learned how to navigate within the VA system. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Save my name, email, and website in this browser for the next time I comment. Also see our post What is a Service-Connected Disability? Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Its an essential piece of evidence. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Youre arent alone. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Hence, the weight gain. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. application/pdf 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. * How do I appeal the VAs denial of my Sleep Apnea? Digestion issues like IBS (irritable bowel syndrome). fight to get their sleep apnea service-connected. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Need a C&P exam for sleep apnea secondary to PTSD? As this represents a total grant . lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Here, nexus is the connection between your service and the current diagnosis of sleep apnea. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD In order to help you with your secondary claim, we have put together this Insiders Guide! VA Disability for Sleep Apnea: Proving Service Connection If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Give us a call at 800-477-9027 to see if we can help you. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Local Wounded Veterans Gifted with Opportunities to Go Fishing. Ann Margaret really took the time to explain things to me. Thats $901.83 a month. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). My claim was approved first time submitting. 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. How to Hire an Attorney For Your VA Claim or Appeal. You're not alone. 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. put your Sleep Apnea Claim together right. 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. Even if youve been denied before, its not too late! 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. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Take advantage of a FREE VA Claim Discovery Call. The rate was a staggering 22%. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! My expert agreed to write a rebuttal opinion to the VAs expert. Headaches which are new or have become worse. I am service connected for chronic sinusitis with a 30% rating. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a endobj 67 0 obj <>stream I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. 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. 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Make sure to have your sleep study done. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. VA Disability Ratings for Hypertension and Sleep Apnea VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. <>stream Your email address will not be published. VA Claims insider is an education-based coaching/consulting company. How to Service Connect Chronic Fatigue Syndrome This field is for validation purposes and should be left unchanged. 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. No current sleep study within the last 12 months, #2. 2023-03-04T21:20:56-05:00 *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Template for processing Decision or Remand .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Sounds easy enough, right? Is Sleep Apnea Could Be a Service-Connected VA Disability? Thats what Sleep Apnea does while you are sleeping, you stop breathing. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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). How can you learn more about these things? Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. By doing this your claim will have the best chance possible. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. When I turned my case over to Jason things turned around, QUICK. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. I am also service connected for chronic bronchitis with a rating of 0 %. endobj So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Your email address will not be published. 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. Kim was very helpful and any time I had a question she made sure I got an answer. They denied extra physical therapy. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Most Veterans are not proving sleep apnea is service connected. Gulf War Illness and Presumptive Service Connection. Of course, I dont give legal advice on the Veterans Law Blog. Winning a VA Sleep Apnea is much harder. It's almost as much work - and it can often take as much dedication. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Estimate your 2023 VA Rating & Compensation for FREE! Hot Dogs for Heroes 4th of July Event This Thursday! Weight gain can be tied to several different conditions. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Physical therapy can be given to help maintain and improve mobility. I did not have a va physical until about 13 years after seperation from service. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Copyright 2023 VA Claims Insider, LLC. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of 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 many cases, amedical expert report or opinion may be crucial to success). This field is for validation purposes and should be left unchanged. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm This means they make their claim without providing much proof. 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. Winning a VA Sleep Apnea is much harder. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. caused or made worse by your active duty military service OR. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Just think about our veterans from older eras. Tender lymph nodes usually in the neck and underarms. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Not presumptively. 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. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. NOW ITS YOUR TURN. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Hepatitis C also causes insulin resistance. I talked to several doctors and sleep experts. While we still have our home base in Florida, Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Your email address will not be published. We see that quite often with sleep apnea claims. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. 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. If you use a CPAP machine, then this should warrant a 50% rating. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. * 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).