These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 2017-05-30T18:09:36-04:00 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. 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. Your email address will not be published. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. I have a diagnosis and a CPAPwhy arent they granting my claim?. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! It only took three months. Are you a veteran who suffers from sleep apnea? From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. We would be happy to talk to you. If you need assistance in appealing your claim for CFS,let us know here! If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 You are going to have to think through your case as objectively as you possibly can. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 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. We see that quite often with sleep apnea claims. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 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. Did the VA Benefit of the Doubt Rule just disappear? 67 0 obj <>stream 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. 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. However, if you use one, it does provide you with a higher rating. You cut off oxygen to the brain and blood, and other body systems break down. 203, San Jose, CA 95134 injury case. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Thats $901.83 a month. This is a great group of people who really care about your well being. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Dear Mr Attig: VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! You can lose a kidney, and live a full and complete life. 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. Tender lymph nodes usually in the neck and underarms. Sounds easy enough, right? fight to get their sleep apnea service-connected. 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. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. . 3. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Sounds easy enough, right? Do You Owe Your Severance Pay Back to the VA? Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. * How do I appeal the VAs denial of my Sleep Apnea? You're not alone. Ann Margaret really took the time to explain things to me. endobj Just had C& P exam for sleep apnea. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. <>stream 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). 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ protected, calm and informed Winning a VA Sleep Apnea is much harder. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Weight gain can be tied to several different conditions. In our experience, most VA disability claims are won or lost based on medical evidence. 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. 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. We offer free resources and expertise to empower all Veterans. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Also see our post What is a Service-Connected Disability? 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. Winning a VA Sleep Apnea is much harder. 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. The question raised in this case is whether this "intermediate step" is limited to . Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. That said, the key here is making the connection from service to diagnosis. 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. Required fields are marked *. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Its almost as much work and it can often take as much dedication. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. endobj Your email address will not be published. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Your airway narrows and closes, leading to pauses in the breathing cycle. There are 3 ways to get it: Chris, Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. Do I Need a CPAP Machine to be Service-Connected? How is Chronic Fatigue Syndrome Diagnosed? But remember the ultimate goal to win your VA disability compensation claim. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Here, nexus is the connection between your service and the current diagnosis of sleep apnea. They denied injections the doctor recommended to ease my pain. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 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, 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. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. You can lose your arms and legs and still survive. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. I believe the two are connected. Was your obstructive sleep apnea (OSA) VA claim denied? <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I tried going it alone and the insurance carrier pushed me around. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. This is what is called the Nexus. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Secondary Service Connection Your email address will not be published. Veterans with deviated septums can have clear cases for a secondary sleep apnea 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). IN THE APPEAL OF . 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. 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. 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. I recommend Perkins Law Firm. Your first step is to be absolutely sure about what type of apnea you have. Give us a call at 800-477-9027 to see if we can help you. We cant possibly cover each of those and the ways to service connect all of them in this one article. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. 1 0 obj Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 7 0 obj Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Copyright 2023 VA Claims Insider, LLC. I got a 50% rating. 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. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Physical therapy can be given to help maintain and improve mobility. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. See our tips on how to obtain a credible nexus letter. FREE tips for veterans to stay protected, calm and informed Keep us posted Im eager to hear how it turns out! % I awake countless time at night due to this. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. How to Connect Sleep Apnea to Military Service. I recd another denial (3rd) Jun 30, 2017. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Save my name, email, and website in this browser for the next time I comment. Learn more about us, Veterans Disability Claim Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! This field is for validation purposes and should be left unchanged. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 2023-03-04T21:20:56-05:00 You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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 disagree. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. . about the threat of COVID-19 and Coronavirus. Andmy sleep study was not done in the military.. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. I have had cardiomegly X-rays while on active duty. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. endstream endobj To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. When I turned my case over to Jason things turned around, QUICK. All Rights Reserved. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Also sinusitis, rhinitis, hypertension. If you use a CPAP machine, then this should warrant a 50% rating. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. SvKve5.YmPE}=;vpb -GW2RN The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. I have sleep apnea diagnosed by the VA sleep study. And that means you are going to have to think through your sleep apnea claim. The same can be said about service-connected mental health conditions. Otherwise, I would properly ended up in mental health facility or going insane!!! I cannot recommend Jason and his staff enough. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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 what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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). The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Since that time, we have provided compassionate 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. You're not alone. 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! Headaches which are new or have become worse. Youll need to make the call on direct service connection versus secondary service connection. I am service connected for chronic sinusitis with a 30% rating. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. 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. 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. These pauses can happen several times an hour when the apnea is severe. 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.
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