service connection for sleep apnea is granted

IN THE APPEAL OF . This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. Sounds easy enough, right? Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. I have sleep apnea diagnosed by the VA sleep study. NOW ITS YOUR TURN. yet assertive representation for our clients. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. <>stream Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Your voice is important especially when it comes to your own health care. 7 0 obj Youre welcome, Sam! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. You can lose a kidney, and live a full and complete life. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This is described as being foggy by patients. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. * Can Agent Orange cause Sleep Apnea? (In many cases, amedical expert report or opinion may be crucial to success). 38 U.S.C.A. The BEST Path to Proving Sleep Apnea is Service Connected. Are you a veteran who suffers from sleep apnea? When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library This is a great group of people who really care about your well being. You cut off oxygen to the brain and blood, and other body systems break down. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. That is how I suggest you handle this situation. I am service connected for chronic sinusitis with a 30% rating. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 1 0 obj 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. endobj From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. The rate was a staggering 22%. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. We cant possibly cover each of those and the ways to service connect all of them in this one article. * The importance ofamedical expert opinion in your Sleep Apnea claim. But if your body cannot get sleep, you will die. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. As a fellow disabled Veteran this is shameful and Im on a mission to change it. But remember the ultimate goal to win your VA disability compensation claim. Both sinusitis and rhinitis are linked to sleep apnea. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. If you are already service-connected for your knees or your back, you are likely not as active as you once were. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Winning a VA claim to service connect sleep apnea is hard. Thats $901.83 a month. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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). VA Disability for Sleep Apnea: Proving Service Connection 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. FREE tips for Veterans to stay When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. sleep apnea is not the kind of disability associated with a wounded warrior. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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 Dont make the mistake so many other veterans have. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex 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. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Learn how your comment data is processed. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. My emphysema is connected. This may be even easier for you now because of a new VA new rule as of August 2, 2021. You can subscribe to his Veterans Disability channel on YouTube. 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. 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. 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. application/pdf There are 3 ways to get it: Chris, I cannot recommend Jason and his staff enough. 67 0 obj <>stream Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. I have had cardiomegly X-rays while on active duty. Its over 165 pages long, and took 9 months of research. 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 2020 Strategic Veteran All Rights Reserved. Everyone I came in contact with there was very nice. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I believe that the VA and BVA do not take Sleep Apnea seriously. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. <>stream * What if it wasnt diagnosed until years after service can I service connect it then? This field is for validation purposes and should be left unchanged. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. % Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Viet Nam Vet. Most Veterans are not proving sleep apnea is service connected. 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Sounds easy enough, right? I got a 50% rating. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Make sure to have your sleep study done. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! We see that quite often with sleep apnea claims. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Sleep Apnea in Gulf War Veterans - Public Health Save my name, email, and website in this browser for the next time I comment. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. While we still have our home base in Florida, How you mix them is the hard part. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. 203, San Jose, CA 95134 See id. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. endstream * 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). I told you at the beginning I wantto change your thinking. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 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. 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 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Did the VA Benefit of the Doubt Rule just disappear? Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. I recd another denial (3rd) Jun 30, 2017. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! %PDF-1.4 % 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. 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. I awake countless time at night due to this. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. * Can I service connect sleep apnea without a sleep study in service? If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. A noticeable sign of obstructive sleep apnea is snoring. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. You're not alone. 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.

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