service connection for sleep apnea is granted
February 14, 2021 - by sunrise memphis calories
I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Learn more about us, Veterans Disability Claim In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. The VA uses two options for rating most sleep apnea claims. As this represents a total grant . So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Do You Owe Your Severance Pay Back to the VA? Winning a VA Sleep Apnea is much harder. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Kim was very helpful and any time I had a question she made sure I got an answer. The same can be said about service-connected mental health conditions. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream My emphysema is connected. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. 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. Any advice on getting sleep apnea service connected? They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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 are going to have to get a LOT of 5-Star Evidence. 2023-03-04T21:20:56-05:00 Thousands of other Veterans in our Community are here for you. * Damage to the brain from a TBI (Traumatic Brain Injury). In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. about the threat of COVID-19 and Coronavirus. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. I am service connected for chronic sinusitis with a 30% rating. endstream endobj startxref And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. How is Chronic Fatigue Syndrome Diagnosed? The question raised in this case is whether this "intermediate step" is limited to . I recd another denial (3rd) Jun 30, 2017. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). protected, calm and informed I talked to several doctors and sleep experts. All Rights Reserved. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Even if youve been denied before, its not too late! 2017-05-30T18:09:36-04:00 While we still have our home base in Florida, yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Chills and night sweats as well as low-grade fevers. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Your airway narrows and closes, leading to pauses in the breathing cycle. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Camp Lejeune Lawsuit. But remember the ultimate goal to win your VA disability compensation claim. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Will be some time before answer but getting all the info I can. They denied injections the doctor recommended to ease my pain. I was diagnosed with OSA 10 years after separation. Honestly, they are just saying it. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. This means they make their claim without providing much proof. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. But most veterans are not service-connected for this sinus condition. They were at all times attentive and on top of my case. UNFORTUNATELY HE DIED.! And that means you are going to have to think through your sleep apnea claim. 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Also sinusitis, rhinitis, hypertension. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. I stated on my retirement physical that I sometimes have trouble sleeping at night. Without a CPAP machine, the VA assigns a 30% rating. Yi-bR :z>r6iFR Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Make sure to have your sleep study done. The VA classifies Sleep Apnea as a disability for which compensation is granted. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. I also have central and obstructive sleep apnea which has been denied service connection. 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). Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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. I did not have a va physical until about 13 years after seperation from service. I awake countless time at night due to this. Its over 165 pages long, and took 9 months of research. These pauses can happen several times an hour when the apnea is severe. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. endstream To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. My claim was approved first time submitting. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Thousands of other Veterans in our Community are here for you. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. A noticeable sign of obstructive sleep apnea is snoring. Do you have questions about how to service connect sleep apnea claims? 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. If you need assistance in appealing your claim for CFS,let us know here! Your email address will not be published. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. %PDF-1.4 % 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). Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Nexus is simply a connection or series of connections linking two or more things. Tender lymph nodes usually in the neck and underarms. 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.. VA Claims insider is an education-based coaching/consulting company. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. 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. 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 You can subscribe to his Veterans Disability channel on YouTube. 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. How to Hire an Attorney For Your VA Claim or Appeal. Unfortunately, VA does not always apply the law correctly. 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. Winning a VA claim to service connect sleep apnea is hard. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Copyright 2023 VA Claims Insider, LLC. This is in order to be officially diagnosed. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . This field is for validation purposes and should be left unchanged. Your email address will not be published. Viet Nam Vet. 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. This is where I come in. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. The most trusted name in education-based resources for Veterans. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. Contact Us I have had cardiomegly X-rays while on active duty. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV * The importance ofamedical expert opinion in your Sleep Apnea claim. (In many cases, amedical expert report or opinion may be crucial to success). Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. 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. 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. Microsoft Word 2010 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. Estimate your 2023 VA Rating & Compensation for FREE! solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! If you continue to use this site we will assume that you are happy with it. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 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. If you use a CPAP machine, then this should warrant a 50% rating. 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. hTOo0| Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Scenario 2: The Veteran has a current diagnosis of sleep apnea. We are sorry that this post was not as useful for you! Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. 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. 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. In my book Put it to Rest! No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. without his BI-PAP MACHINE,one up from CPAP,which i have. Template for processing Decision or Remand Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. put your Sleep Apnea Claim together right. I understand you want your VA claim to be done as quickly as possible. z`tsd#Ex>@"A"M@+5;$ 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. Your voice is important especially when it comes to your own health care. Favorable BVA Case Law Precedent Example #2: If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. I filed NOD in early 2017 request an informal DRO. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. 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 ?). Required fields are marked *. %PDF-1.4 Its an essential piece of evidence. Of course, I dont give legal advice on the Veterans Law Blog. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 8 0 obj Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. I can teach you how to do that. 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). 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. If you are already service-connected for your knees or your back, you are likely not as active as you once were. See R. at 8-9. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Digestion issues like IBS (irritable bowel syndrome). 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Jason Perkins, was my lawyer in a workers comp. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU.
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