service connection for sleep apnea is granted service connection for sleep apnea is granted

We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. 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.. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. VA Disability Ratings for Sleep Disturbances | CCK Law Honestly, they are just saying it. 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. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Just think about our veterans from older eras. There are 3 ways to get it: Chris, 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. But if your body cannot get sleep, you will die. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 8 0 obj 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. Winning a VA Sleep Apnea is much harder. Its almost as much work and it can often take as much dedication. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. *To prove your Sleep Apnea is service connected without a sleep study in the military? It only took three months. 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. Camp Lejeune Lawsuit. By doing this your claim will have the best chance possible. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. 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. Andmy sleep study was not done in the military.. Both sinusitis and rhinitis are linked to 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). 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Our firm was founded in 1986 in Orlando, Florida. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider It is the only thing that kept in the fight and especially it keeps sane and focus. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Most Veterans are not proving sleep apnea is service connected. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. This is described as being foggy by patients. Winning a VA claim to service connect sleep apnea is hard. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. See R. at 8-9. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. I talked to several doctors about the causes and limitations of sleep apnea. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Second example.lets say the veteran has service connection for PTSD. You are going to have to think through your case as objectively as you possibly can. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Do You Owe Your Severance Pay Back to the VA? How to Get a 100 Percent VA Rating (if deserved)! You cut off oxygen to the brain and blood, and other body systems break down. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. As this represents a total grant . Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. See id. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. We see that quite often with sleep apnea claims. If you are lucky, you start breathing again. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. hTOo0| 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. 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. Required fields are marked *. 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. Learn how your comment data is processed. I tried going it alone and the insurance carrier pushed me around. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. VA Claims insider is an education-based coaching/consulting company. Need help claiming this crucial part of your claim? I got a 50% rating. 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! No current sleep study within the last 12 months, #2. Learn more about us, Veterans Disability Claim Its over 165 pages long, and took 9 months of research. But most veterans are not service-connected for this sinus condition. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. fight to get their sleep apnea service-connected. 2017-05-30T18:09:36-04:00 The BEST Path to Proving Sleep Apnea is Service Connected. Template for processing Decision or Remand Favorable BVA Case Law Precedent Example #2: Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. In fact, sleep deprivation is a common form of torture, as many of us know all too well. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Worsening of symptoms after activities. If you have this condition, it causes the throat muscles to relax while sleeping. * Can Agent Orange cause Sleep Apnea? We are sorry that this post was not as useful for you! While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Anxiety and depression can interfere with sleep patterns. Just had C& P exam for sleep apnea. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. How to Connect Sleep Apnea to Military Service. 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. 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. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Tender lymph nodes usually in the neck and underarms. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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. Is Sleep Apnea Could Be a Service-Connected VA Disability? You can lose a kidney, and live a full and complete life. How to Hire an Attorney For Your VA Claim or Appeal. I have also had a stroke. Making the Sausage: Heres what you need to know about new VA Claims regulations. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Its an essential piece of evidence. 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. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. The same can be said about service-connected mental health conditions. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. To find the definitive guide for service-connection for sleep apnea, check it out here. . 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. Allergies or sensitivities to foods, odors, chemicals, or noise. But remember the ultimate goal to win your VA disability compensation claim. Theres lots of literature available to back it up. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. We would be happy to talk to you. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. I awake countless time at night due to this. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Thousands of other Veterans in our Community are here for you. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 VA claim for sleep apnea denied? My expert agreed to write a rebuttal opinion to the VAs expert. Want More Information about VA Sleep Apnea? 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. If you continue to use this site we will assume that you are happy with it. And that means you are going to have to think through your sleep apnea claim. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. 38 U.S.C.A. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. We can helpreach out so we can show you how. Hepatitis C also causes insulin resistance. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Without a CPAP machine, the VA assigns a 30% rating. Please call for an appointment before visiting: Mail Processing Center: P.O. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Save my name, email, and website in this browser for the next time I comment. See our article Burn Pit Presumptive Conditions. 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. 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. 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. 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. Youre welcome, Sam! Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Otherwise, I would properly ended up in mental health facility or going insane!!! In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity).