Keep us posted Im eager to hear how it turns out! * WHAT evidencetouseandwhich path to Service Connectionto use. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Are you a veteran who suffers from sleep apnea? Required fields are marked *. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. * How do I appeal the VAs denial of my Sleep Apnea? Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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? Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I have also had a stroke. I got a 50% rating. 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.. You're not alone. Weve supported more than 15,000 veterans to win their claims and increase their ratings. This may be 20 or 30 years after the problems started. 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. Its almost as much work and it can often take as much dedication. In our experience, most VA disability claims are won or lost based on medical evidence. I am also service connected for chronic bronchitis with a rating of 0 %. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. * 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. How you mix them is the hard part. Those are the ingredients. NOW ITS YOUR TURN. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. * Can I service connect sleep apnea without a sleep study in service? The transmission of an email request for information does not create an attorney client relationship. Below is the schedule for rating . 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. This field is for validation purposes and should be left unchanged. By doing this your claim will have the best chance possible. 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. Otherwise, I would properly ended up in mental health facility or going insane!!! This may be even easier for you now because of a new VA new rule as of August 2, 2021. However, this has been thoroughly disproven. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. How can you learn more about these things? Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). I have sleep apnea and emphysema. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. and Coronavirus. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I recd another denial (3rd) Jun 30, 2017. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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). These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. <>stream Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Has camp Lejeune exposures been linked to sleep apnea? Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Estimate your 2023 VA Rating & Compensation for FREE! All Rights Reserved. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Tender lymph nodes usually in the neck and underarms. I believe that the VA and BVA do not take Sleep Apnea seriously. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 *To prove your Sleep Apnea is service connected without a sleep study in the military? I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. However, the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. Instead, the leading cause of sleep apnea is weight gain. I filed NOD in early 2017 request an informal DRO. 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. 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. Winning a VA claim to service connect sleep apnea is hard. injury case. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Why? Required fields are marked *. Even a previous diagnosis may not be accepted by the VA without a sleep study. Winning a VA Sleep Apnea is much harder. 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. They denied extra physical therapy. 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. The VA classifies Sleep Apnea as a disability for which compensation is granted. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. application/pdf 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, If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. 7 0 obj Hot Dogs for Heroes 4th of July Event This Thursday! Our firm was founded in 1986 in Orlando, Florida. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. I did not have a va physical until about 13 years after seperation from service. 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. 38 U.S.C.A. * Damage to the brain from a TBI (Traumatic Brain Injury). 0 Theres lots of literature available to back it up. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. You're not alone. The VA uses two options for rating most sleep apnea claims. I cannot get the sleep apnea connected. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Honestly, they are just saying it. YEP!!! So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Headaches which are new or have become worse. Allergies or sensitivities to foods, odors, chemicals, or noise. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 1 0 obj However, if you use one, it does provide you with a higher rating. When I turned my case over to Jason things turned around, QUICK. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. See our article Burn Pit Presumptive Conditions. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Proving Service-Connection for Sleep Apnea. Learn how your comment data is processed. Do you have questions about how to service connect sleep apnea claims? I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Sounds easy enough, right? Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. If you continue to use this site we will assume that you are happy with it. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. <>stream We see that quite often with sleep apnea claims. 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. This is a great group of people who really care about your well being. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Favorable BVA Case Law Precedent Example #2: If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. In order to help you with your secondary claim, we have put together this Insiders Guide! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. The most trusted name in education-based resources for Veterans. Battle of DUAL-EXPERTS Chris, you called it!!! 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. 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Physical therapy can be given to help maintain and improve mobility. See id. 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 ?). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. My claim was approved first time submitting. If you need assistance in appealing your claim for CFS,let us know here! * How the VA willrate your sleep apnea condition after granting Service Connection. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Need a C&P exam for sleep apnea secondary to PTSD? After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. 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. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. The VA uses two options for rating most sleep apnea claims. We cant possibly cover each of those and the ways to service connect all of them in this one article. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Source: Department of Veteran Affairs Regional Office New Orleans, LA. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I understand you want your VA claim to be done as quickly as 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. This means they make their claim without providing much proof. You can lose a kidney, and live a full and complete life. Hence, the weight gain. Just had C& P exam for sleep apnea. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 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. 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. about the threat of COVID-19 I have had cardiomegly X-rays while on active duty. I read hundreds of cases. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. Kim was very helpful and any time I had a question she made sure I got an answer. However, most of the time, sleep apnea is a secondary claim. The information contained on this web site is provided for informational purposes only and not legal advice. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Below is the schedule for rating disability for Chronic Fatigue Sundrome. That is how I suggest you handle this situation. Thats what Sleep Apnea does while you are sleeping, you stop breathing. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. There are three types, obstructive, central, and mixed. Yi-bR :z>r6iFR If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. My emphysema is connected. %PDF-1.4 % ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. Without a CPAP machine, the VA assigns a 30% rating. 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. Winning a VA Sleep Apnea is much harder. 203, San Jose, CA 95134 Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. It only took three months. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. No current sleep study within the last 12 months, #2. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Winning a VA claim to service connect sleep apnea is hard. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. We are sorry that this post was not as useful for you! Make sure to have your sleep study done. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c My sleep apnea is worsened when I lie on my back and I still have loss of breath. 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. You cut off oxygen to the brain and blood, and other body systems break down. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. 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. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). A noticeable sign of obstructive sleep apnea is snoring. 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. You can lose your arms and legs and still survive. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Keep up the great work, and remember, the only way to lose is to give up! This field is for validation purposes and should be left unchanged. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..