service connection for sleep apnea is granted

I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Youre arent alone. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. 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. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 2020 Strategic Veteran All Rights Reserved. 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 8 0 obj yet assertive representation for our clients. 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 can lose your arms and legs and still survive. Unfortunately, VA does not always apply the law correctly. 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. The information contained on this web site is provided for informational purposes only and not legal advice. 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. Has camp Lejeune exposures been linked to sleep apnea? In order to help you with your secondary claim, we have put together this Insiders Guide! solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. YEP!!! b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 That is how I suggest you handle this situation. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. A nexus letter is often the missing link in a VA claim. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. For doing an awesome job. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Your email address will not be published. Youre welcome, Sam! 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. See our tips on how to obtain a credible nexus letter. * Can I service connect sleep apnea without a sleep study in service? * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. We are sorry that this post was not as useful for you! There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. We offer free resources and expertise to empower all Veterans. Worsening of symptoms after activities. Digestion issues like IBS (irritable bowel syndrome). Of course, I dont give legal advice on the Veterans Law Blog. 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. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Copyright 2023 VA Claims Insider, LLC. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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). 2023-03-04T21:20:56-05:00 This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. 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. Favorable BVA Case Law Precedent Example #2: 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. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. endobj You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! There are 3 ways to get it: Chris, VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Required fields are marked *. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. I tried going it alone and the insurance carrier pushed me around. Otherwise, I would properly ended up in mental health facility or going insane!!! Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. 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. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). This may be 20 or 30 years after the problems started. Everyone I came in contact with there was very nice. <>stream 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I awake countless time at night due to this. * What if it wasnt diagnosed until years after service can I service connect it then? 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 And that means you are going to have to think through your sleep apnea claim. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 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. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Are you a veteran who suffers from sleep apnea? 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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. 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, 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . The first requirement which must be met to satisfy the VA is a sleep study. %PDF-1.4 Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. 2023-03-04T21:20:56-05:00 This is where I come in. Learn how your comment data is processed. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. 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. Hence, the weight gain. You cut off oxygen to the brain and blood, and other body systems break down. VA claim for sleep apnea denied? We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Below is the schedule for rating . In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. The transmission of an email request for information does not create an attorney client relationship. 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. Need help claiming this crucial part of your claim? Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Honestly, they are just saying it. Tender lymph nodes usually in the neck and underarms. I dont know if Im authorize a second run at the DRO or go straight to BVA. Was your obstructive sleep apnea (OSA) VA claim denied? Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. 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! Just had C& P exam for sleep apnea. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. See id. Its almost as much work and it can often take as much dedication. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Weight gain can be tied to several different conditions. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. This is a great group of people who really care about your well being. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. I did not have a va physical until about 13 years after seperation from service. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Sounds easy enough, right? HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. See you on the inside! 203, San Jose, CA 95134 Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 I am also service connected for chronic bronchitis with a rating of 0 %. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Estimate your 2023 VA Rating & Compensation for FREE! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 38 0 obj <> endobj 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. VA Claims insider is an education-based coaching/consulting company. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. endobj 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. The VA uses two options for rating most sleep apnea claims. 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. endstream endobj startxref They were at all times attentive and on top of my case. 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. This field is for validation purposes and should be left unchanged. How to Get a 100 Percent VA Rating (if deserved)! Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. While we still have our home base in Florida, Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. sleep apnea is not the kind of disability associated with a wounded warrior. Camp Lejeune Lawsuit. I recommend Perkins Law Firm. 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. She has always had a passion for helping others and found inspiration from those she cared for. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. How to Connect Sleep Apnea to Military Service. Template for processing Decision or Remand Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. BVA Decision 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. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm 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. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v I stated on my retirement physical that I sometimes have trouble sleeping at night. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream I have tried to connect OSA secondary to chronic sinusitis which has also been denied. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. THANK YOU AGAIN. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. The question raised in this case is whether this "intermediate step" is limited to .

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