I dont know if Im authorize a second run at the DRO or go straight to BVA. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Do I Need a CPAP Machine to be Service-Connected? Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! However, most of the time, sleep apnea is a secondary claim. That said, the key here is making the connection from service to diagnosis. sleep apnea is DEADLY, my brother in law went out CAMPING. And that means you are going to have to think through your sleep apnea claim. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Just think about our veterans from older eras. I told you at the beginning I wantto change your thinking. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Department of Veterans Affairs After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Both anxiety and depression can also be linked to sleep apnea. endstream endobj 43 0 obj <>stream Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Your airway narrows and closes, leading to pauses in the breathing cycle. But most veterans are not service-connected for this sinus condition. Not presumptively. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. I have sleep apnea diagnosed by the VA sleep study. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Save my name, email, and website in this browser for the next time I comment. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider 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. Theres lots of literature available to back it up. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. *To prove your Sleep Apnea is service connected without a sleep study in the military? You are going to have to get a LOT of 5-Star Evidence. Everyone I came in contact with there was very nice. 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? The VA uses two options for rating most sleep apnea claims. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 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 three types, obstructive, central, and mixed. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Estimate your 2023 VA Rating & Compensation for FREE! Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. 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. 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. Its an entirely different thing to mix those ingredients so that they turn into a cake. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. 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. <>stream YEP!!! How can you learn more about these things? Winning a VA Sleep Apnea is much harder. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Keep us posted Im eager to hear how it turns out! Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. They were at all times attentive and on top of my case. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). What about PTSD? I talked to several doctors about the causes and limitations of sleep apnea. However, if you use one, it does provide you with a higher rating. We see that quite often with sleep apnea claims. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 I cannot get the sleep apnea connected. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Check out the Sleep Apnea Field Manual. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Keep up the great work, and remember, the only way to lose is to give up! Whats the VAs Problem with Sleep Apnea? LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. % Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. This is where I come in. 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. Save my name, email, and website in this browser for the next time I comment. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. * What if it wasnt diagnosed until years after service can I service connect it then? 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. I recommend Perkins Law Firm. 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. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. 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. This is described as being foggy by patients. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. If you are hurt at work, this is the firm you want on YOUR side. <>stream What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Making the Sausage: Heres what you need to know about new VA Claims regulations. Of course, I dont give legal advice on the Veterans Law Blog. 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. 2020 Strategic Veteran All Rights Reserved. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Board of Veterans' Appeals There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. Camp Lejeune Lawsuit. The BEST Path to Proving Sleep Apnea is Service Connected. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Copyright 2023 VA Claims Insider, LLC. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Yi-bR :z>r6iFR How to Hire an Attorney For Your VA Claim or Appeal. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider I recd another denial (3rd) Jun 30, 2017. 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. I have had cardiomegly X-rays while on active duty. How to Service Connect Chronic Fatigue Syndrome 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. 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. %%EOF 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. %PDF-1.4 % Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. You can subscribe to his Veterans Disability channel on YouTube. I cannot recommend Jason and his staff enough. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Obstructive sleep apnea (OSA) is the most common type of sleep apnea. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). For instance, often sleep apnea presents itself in those who have been suffering from PTSD. If you continue to use this site we will assume that you are happy with it. 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 I am service connected for chronic sinusitis with a 30% rating. In order to help you with your secondary claim, we have put together this Insiders Guide! Jason Perkins, was my lawyer in a workers comp. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 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.