Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Copyright 2023 VA Claims Insider, LLC. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! endstream endobj 43 0 obj <>stream 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 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 3. Headaches which are new or have become worse. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. They denied extra physical therapy. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. I have also had a stroke. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Check out the Sleep Apnea Field Manual. 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, 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. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 In our experience, most VA disability claims are won or lost based on medical evidence. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. 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. Sounds easy enough, right? Youre arent alone. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. 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. fight to get their sleep apnea service-connected. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Hepatitis C also causes insulin resistance. Unfortunately, VA does not always apply the law correctly. Everyone I came in contact with there was very nice. Without a CPAP machine, the VA assigns a 30% rating. I believe that the VA and BVA do not take Sleep Apnea seriously. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Making the Sausage: Heres what you need to know about new VA Claims regulations. endobj My claim was approved first time submitting. We offer free resources and expertise to empower all Veterans. Learn more about us, Veterans Disability Claim Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Youre welcome, Sam! All Rights Reserved. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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). San Jose, CA: 2880 Zanker Road, Ste. Anxiety and depression can interfere with sleep patterns. That said, the key here is making the connection from service to diagnosis. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Estimate your 2023 VA Rating & Compensation for FREE! Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. You are going to have to think through your case as objectively as you possibly can. Favorable BVA Case Law Precedent Example #2: Its an essential piece of evidence. 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. Sleep apnea is a medically complex disorder. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Learn how your comment data is processed. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 0 VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. 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. See our article Burn Pit Presumptive Conditions. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Worsening of symptoms after activities. I talked to several doctors about the causes and limitations of sleep apnea. 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. Any advice on getting sleep apnea service connected? You DESERVE a HIGHER VA rating.WE CAN HELP. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 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. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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.. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. I cannot get the sleep apnea connected. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. We cant possibly cover each of those and the ways to service connect all of them in this one article. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. endobj 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. They were at all times attentive and on top of my case. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Make sure to have your sleep study done. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. As this represents a total grant . 2023-03-04T21:20:56-05:00 So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. application/pdf Microsoft Word 2010 A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ * 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). So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. This is what is called the Nexus. I have sleep apnea diagnosed by the VA sleep study. 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 initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. How to Get a 100 Percent VA Rating (if deserved)! My expert agreed to write a rebuttal opinion to the VAs expert. 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 Has camp Lejeune exposures been linked to sleep apnea? Dear Mr Attig: The VA uses two options for rating most sleep apnea claims. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Its almost as much work and it can often take as much dedication. I only have 50 days to file NOD, or file a BVA appeal within 1 year. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. There are 3 ways to get it: Chris, It is the only thing that kept in the fight and especially it keeps sane and focus. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. * How do I appeal the VAs denial of my Sleep Apnea? We are sorry that this post was not as useful for you! Camp Lejeune Lawsuit. hTOo0| 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. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 How to Hire an Attorney For Your VA Claim or Appeal. No current sleep study within the last 12 months, #2. 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. Your email address will not be published. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. *To prove your Sleep Apnea is service connected without a sleep study in the military? * Can I service connect sleep apnea without a sleep study in service? In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Give us a call at 800-477-9027 to see if we can help you. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. I disagree. 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. 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 Obstructive sleep apnea (OSA) is the most common type of sleep apnea. The information contained on this web site is provided for informational purposes only and not legal advice. VA Claims insider is an education-based coaching/consulting company. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. 7 0 obj Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. * Damage to the brain from a TBI (Traumatic Brain Injury). The most trusted name in education-based resources for Veterans. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 38 U.S.C.A. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. This is a great group of people who really care about your well being. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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. 1 0 obj lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. To find the definitive guide for service-connection for sleep apnea, check it out here. 8 0 obj ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Contact Us Without a CPAP machine, the VA assigns a 30% rating. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. When I turned my case over to Jason things turned around, QUICK. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
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