These pauses can happen several times an hour when the apnea is severe. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). No current sleep study within the last 12 months, #2. protected, calm and informed How to Hire an Attorney For Your VA Claim or Appeal. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. They were at all times attentive and on top of my case. endobj injury case. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> VA claim for sleep apnea denied? A nexus letter is often the missing link in a VA claim. endstream 2 0 obj You cut off oxygen to the brain and blood, and other body systems break down. 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! If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. %PDF-1.4 % 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. I tried going it alone and the insurance carrier pushed me around. 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. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. But most veterans are not service-connected for this sinus condition. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I can teach you how to do that. 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. 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. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. 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). She has always had a passion for helping others and found inspiration from those she cared for. I filed NOD in early 2017 request an informal DRO. How can you learn more about these things? Instead, the leading cause of sleep apnea is weight gain. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. * Can I service connect sleep apnea without a sleep study in service? 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 2023-03-04T21:20:56-05:00 * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. I understand you want your VA claim to be done as quickly as possible. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Thousands of other Veterans in our Community are here for you. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Learn how your comment data is processed. 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. 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. 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 For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This is what is called the Nexus. Most Veterans are not proving sleep apnea is service connected. YEP!!! Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. We see that quite often with sleep apnea claims. Both anxiety and depression can also be linked to sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I recommend Perkins Law Firm. How is Chronic Fatigue Syndrome Diagnosed? I told you at the beginning I wantto change your thinking. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Making the Sausage: Heres what you need to know about new VA Claims regulations. What about PTSD? You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Tender lymph nodes usually in the neck and underarms. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. Winning a VA Sleep Apnea is much harder. If you use a CPAP machine, then this should warrant a 50% rating. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Hence, the weight gain. * 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). Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Estimate your 2023 VA Rating & Compensation for FREE! 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. endstream I disagree. In our experience, most VA disability claims are won or lost based on medical evidence. Theres lots of literature available to back it up. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. IN THE APPEAL OF . Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. In my book Put it to Rest! I was diagnosed with OSA 10 years after separation. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Your email address will not be published. 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 ?). Headaches which are new or have become worse. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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? <>stream See our tips on how to obtain a credible nexus letter. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. application/pdf Secondary Service Connection * How do I appeal the VAs denial of my Sleep Apnea? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. In order to help you with your secondary claim, we have put together this Insiders Guide! Second example.lets say the veteran has service connection for PTSD. 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 many cases, amedical expert report or opinion may be crucial to success). Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. Your first step is to be absolutely sure about what type of apnea you have. See R. at 8-9. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Winning a VA claim to service connect sleep apnea is hard. Worsening of symptoms after activities. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Otherwise, I would properly ended up in mental health facility or going insane!!! That said, the key here is making the connection from service to diagnosis. 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. A noticeable sign of obstructive sleep apnea is snoring. While we still have our home base in Florida, The VA uses two options for rating most sleep apnea claims. Copyright 2023 VA Claims Insider, LLC. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. 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 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. Source: Department of Veteran Affairs Regional Office New Orleans, LA. caused or made worse by your active duty military service OR. I awake countless time at night due to this. 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 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. Youll need to make the call on direct service connection versus secondary service connection. Do You Owe Your Severance Pay Back to the VA? 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. * How the VA willrate your sleep apnea condition after granting Service Connection. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! endobj Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. This may be 20 or 30 years after the problems started. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. The most trusted name in education-based resources for Veterans. 0 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. That is how I suggest you handle this situation. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Jason Perkins, was my lawyer in a workers comp. Youre welcome, Sam! The information contained on this web site is provided for informational purposes only and not legal advice. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. I am service connected for chronic sinusitis with a 30% rating. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. See you on the inside! I stated on my retirement physical that I sometimes have trouble sleeping at night. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This is where I come in. And that means you are going to have to think through your sleep apnea claim. You can lose your arms and legs and still survive. 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. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. All Rights Reserved. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Thats what Sleep Apnea does while you are sleeping, you stop breathing. If you need assistance in appealing your claim for CFS,let us know here! Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Want More Information about VA Sleep Apnea? I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. Unfortunately, VA does not always apply the law correctly. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. This may be even easier for you now because of a new VA new rule as of August 2, 2021. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 The VA uses two options for rating most sleep apnea claims. 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. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! However, this has been thoroughly disproven. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. Do you have questions about how to service connect sleep apnea claims? 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. SvKve5.YmPE}=;vpb -GW2RN Need a C&P exam for sleep apnea secondary to PTSD? And that means you are going to have to think through your sleep apnea claim. I talked to several doctors about the causes and limitations of sleep apnea. I believe the two are connected. The rate was a staggering 22%. Hepatitis C also causes insulin resistance. put your Sleep Apnea Claim together right. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. The question raised in this case is whether this "intermediate step" is limited to . <>stream If you continue to use this site we will assume that you are happy with it. As this represents a total grant . With lay evidence AND medical evidence. 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. Our firm was founded in 1986 in Orlando, Florida. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. If you are hurt at work, this is the firm you want on YOUR side. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed.
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