service connection for sleep apnea is granted

Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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 What about PTSD? Save my name, email, and website in this browser for the next time I comment. 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. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. 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. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. put your Sleep Apnea Claim together right. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 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 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. The VA classifies Sleep Apnea as a disability for which compensation is granted. We would be happy to talk to you. 7 0 obj sleep apnea is not the kind of disability associated with a wounded warrior. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. If you need assistance in appealing your claim for CFS,let us know here! Viet Nam Vet. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. 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. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Required fields are marked *. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Local Wounded Veterans Gifted with Opportunities to Go Fishing. The most trusted name in education-based resources for Veterans. We offer free resources and expertise to empower all Veterans. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. 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. How can you learn more about these things? 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. 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 This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This field is for validation purposes and should be left unchanged. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. If you are already service-connected for your knees or your back, you are likely not as active as you once were. I believe that the VA and BVA do not take Sleep Apnea seriously. I have sleep apnea diagnosed by the VA sleep study. She has always had a passion for helping others and found inspiration from those she cared for. 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. 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. They denied injections the doctor recommended to ease my pain. 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. I cannot get the sleep apnea connected. 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. You can lose your arms and legs and still survive. 1 0 obj 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. 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 I was diagnosed with OSA 10 years after separation. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. The VA uses two options for rating most sleep apnea claims. Also see our post What is a Service-Connected Disability? %PDF-1.4 application/pdf You can subscribe to his Veterans Disability channel on YouTube. Camp Lejeune Lawsuit. FREE tips for veterans to stay protected, calm and informed 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 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Did the VA Benefit of the Doubt Rule just disappear? There are three types, obstructive, central, and mixed. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Theres lots of literature available to back it up. 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! People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. I recommend Perkins Law Firm. However, most of the time, sleep apnea is a secondary claim. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 3. yet assertive representation for our clients. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! You're not alone. Were Veterans, just like you, whove learned how to navigate within the VA system. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. I recd another denial (3rd) Jun 30, 2017. Even a previous diagnosis may not be accepted by the VA without a sleep study. We cant possibly cover each of those and the ways to service connect all of them in this one article. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Both anxiety and depression can also be linked to sleep apnea. Winning a VA claim to service connect sleep apnea is hard. lJ[bKeZ?LF;$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 Learn how your comment data is processed. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Yi-bR :z>r6iFR Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. I am also service connected for chronic bronchitis with a rating of 0 %. Thousands of other Veterans in our Community are here for you. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for 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. 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. All Rights Reserved. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. 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. 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. Did the VA Benefit of the Doubt Rule just disappear? If you use a CPAP machine, then this should warrant a 50% rating. hTOo0| Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. endobj If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 As a fellow disabled Veteran this is shameful and Im on a mission to change it. How to Connect Sleep Apnea to Military Service. 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. 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). (In many cases, amedical expert report or opinion may be crucial to success). Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Thanks for your concern and the blog. Copyright 2023 VA Claims Insider, LLC. 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. You are going to have to get a LOT of 5-Star Evidence. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. endstream endobj 43 0 obj <>stream . If you are hurt at work, this is the firm you want on YOUR side. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Also sinusitis, rhinitis, hypertension. Need help claiming this crucial part of your claim? What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Worsening of symptoms after activities. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Making the Sausage: Heres what you need to know about new VA Claims regulations. I talked to several doctors and sleep experts. 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). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. 2023-03-04T21:20:56-05:00 Ann Margaret really took the time to explain things to me. 203, San Jose, CA 95134 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! endstream endobj 42 0 obj <>stream uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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). No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Copyright 2023 VA Claims Insider, LLC. BVA Decision If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. This may be 20 or 30 years after the problems started. 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. 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). Battle of DUAL-EXPERTS Chris, you called it!!! *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Everyone I came in contact with there was very nice. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Hence, the weight gain. My claim was approved first time submitting. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. You can lose a kidney, and live a full and complete life. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. They were at all times attentive and on top of my case. VA Claims insider is an education-based coaching/consulting company. 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! If you use a CPAP machine, then this should warrant a 50% rating. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. See our article Burn Pit Presumptive Conditions. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 I disagree. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I cannot recommend Jason and his staff enough. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. endobj See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Sleep apnea is a medically complex disorder. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. %%EOF Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Wc%X$(:ss!LCO^?4d *$ 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. The same can be said about service-connected mental health conditions. Just had C& P exam for sleep apnea. How to Get a 100 Percent VA Rating (if deserved)! I awake countless time at night due to this. Your first step is to be absolutely sure about what type of apnea you have. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. I told you at the beginning I wantto change your thinking. 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. Since that time, we have provided compassionate * Can Agent Orange cause Sleep Apnea? 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. * The importance ofamedical expert opinion in your Sleep Apnea claim. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c * WHAT evidencetouseandwhich path to Service Connectionto use. 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. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. My sleep apnea is worsened when I lie on my back and I still have loss of breath. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Proving Service-Connection for Sleep Apnea. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Chills and night sweats as well as low-grade fevers. 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. Its an entirely different thing to mix those ingredients so that they turn into a cake. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a endobj 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 cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Microsoft Word 2010 The problem is that many disabilities that arise in service are not actually diagnosed in service. 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.