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Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Tender lymph nodes usually in the neck and underarms. Ann Margaret really took the time to explain things to me. Chris, thank you for the posts and training videos you are providing to veterans. 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. about the threat of COVID-19 Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. 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. caused or made worse by your active duty military service OR. 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. 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 VA classifies Sleep Apnea as a disability for which compensation is granted. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. 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. 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. Otherwise, I would properly ended up in mental health facility or going insane!!! Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Secondary Service Connection In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. 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. 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. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p We would be happy to talk to you. endobj If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! All Rights Reserved. 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). 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. See our article Burn Pit Presumptive Conditions. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. My claim was approved first time submitting. 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 have sleep apnea and emphysema. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 2017-05-30T18:09:36-04:00 Hepatitis C also causes insulin resistance. 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. 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. If you have this condition, it causes the throat muscles to relax while sleeping. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. But most veterans are not service-connected for this sinus condition. The BEST Path to Proving Sleep Apnea is Service Connected. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Youll need to make the call on direct service connection versus secondary service connection. If you continue to use this site we will assume that you are happy with it. 4 0 obj Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. This may be 20 or 30 years after the problems started. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Jason Perkins, was my lawyer in a workers comp. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. I told you at the beginning I wantto change your thinking. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Honestly, they are just saying it. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! I think that far too many raters and BVA judges think of sleep apnea as made up medicine. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. It's almost as much work - and it can often take as much dedication. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Physical therapy can be given to help maintain and improve mobility. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Making the Sausage: Heres what you need to know about new VA Claims regulations. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. You can lose a kidney, and live a full and complete life. 38 U.S.C.A. Kim was very helpful and any time I had a question she made sure I got an answer. My sleep apnea is worsened when I lie on my back and I still have loss of breath. The transmission of an email request for information does not create an attorney client relationship. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. This may be even easier for you now because of a new VA new rule as of August 2, 2021. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. % And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. 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. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. endobj I awake countless time at night due to this. sleep apnea is not the kind of disability associated with a wounded warrior. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. See our tips on how to obtain a credible nexus letter. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Learn how your comment data is processed. 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, Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Thats $901.83 a month. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Keep up the great work, and remember, the only way to lose is to give up! That is how I suggest you handle this situation. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. The information contained on this web site is provided for informational purposes only and not legal advice. Both sinusitis and rhinitis are linked to sleep apnea. The most trusted name in education-based resources for Veterans. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Learn more about us, Veterans Disability Claim 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. Even a previous diagnosis may not be accepted by the VA without a sleep study. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 What about PTSD? The rate was a staggering 22%. %PDF-1.4 Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices You can lose your arms and legs and still survive. Chills and night sweats as well as low-grade fevers. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 The question raised in this case is whether this "intermediate step" is limited to .
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