The VA classifies Sleep Apnea as a disability for which compensation is granted. I was diagnosed with OSA 10 years after separation. 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.. Keep us posted Im eager to hear how it turns out! we represent clients nationwide. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Gulf War Illness and Presumptive Service Connection. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Were Veterans, just like you, whove learned how to navigate within the VA system. Sounds easy enough, right? A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. endstream endobj 42 0 obj <>stream endstream endobj startxref 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Headaches which are new or have become worse. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. My expert agreed to write a rebuttal opinion to the VAs expert. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. My sleep apnea is worsened when I lie on my back and I still have loss of breath. 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. I cannot get the sleep apnea connected. With lay evidence AND medical evidence. Weve supported more than 15,000 veterans to win their claims and increase their ratings. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. 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. Also see our post What is a Service-Connected Disability? How to Hire an Attorney For Your VA Claim or Appeal. Even if youve been denied before, its not too late! 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. 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. 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. Physical therapy can be given to help maintain and improve mobility. endobj Is Sleep Apnea Could Be a Service-Connected VA Disability? 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. If you have this condition, it causes the throat muscles to relax while sleeping. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. endobj I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. The VA uses two options for rating most sleep apnea claims. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Andmy sleep study was not done in the military.. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. Below is the schedule for 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Department of Veterans Affairs 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. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) I only have 50 days to file NOD, or file a BVA appeal within 1 year. Of course, I dont give legal advice on the Veterans Law Blog. This is where I come in. But most veterans are not service-connected for this sinus condition. I have also had a stroke. This means they make their claim without providing much proof. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Sleep Apnea in Gulf War Veterans - Public Health You can lose a kidney, and live a full and complete life. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! How to File a Claim on VA.gov (step-by-step)! When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Microsoft Word 2010 Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. 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 * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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! While we still have our home base in Florida, She has always had a passion for helping others and found inspiration from those she cared for. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Wc%X$(:ss!LCO^?4d *$ I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Required fields are marked *. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. Without a CPAP machine, the VA assigns a 30% rating. Was your obstructive sleep apnea (OSA) VA claim denied? * Can Agent Orange cause Sleep Apnea? Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. 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. My emphysema is connected. Chills and night sweats as well as low-grade fevers. Weight gain can be tied to several different conditions. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 3. 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. However, the VA. Both anxiety and depression can also be linked to sleep apnea. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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. endobj Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 67 0 obj <>stream 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. Camp Lejeune Lawsuit. Dear Mr Attig: 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. 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. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Has camp Lejeune exposures been linked to sleep apnea? You are going to have to think through your case as objectively as you possibly can. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Veterans Benefits Network-Sleep Apnea secondary to Service Connected 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. 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). At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Local Wounded Veterans Gifted with Opportunities to Go Fishing. In our experience, most VA disability claims are won or lost based on medical evidence. Sleep apnea is a medically complex disorder. Estimate your 2023 VA Rating & Compensation for FREE! FREE tips for veterans to stay protected, calm and informed Unfortunately, VA does not always apply the law correctly. 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. Save my name, email, and website in this browser for the next time I comment. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Check out the Sleep Apnea Field Manual. Whats the VAs Problem with Sleep Apnea? When I turned my case over to Jason things turned around, QUICK. You can lose your arms and legs and still survive. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Also sinusitis, rhinitis, hypertension. 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. We are sorry that this post was not as useful for you! Keep up the great work, and remember, the only way to lose is to give up! Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. Your email address will not be published. Thanks for your concern and the blog. 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, You cut off oxygen to the brain and blood, and other body systems break down. UNFORTUNATELY HE DIED.! Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Kim was very helpful and any time I had a question she made sure I got an answer. These pauses can happen several times an hour when the apnea is severe. Jason Perkins, was my lawyer in a workers comp. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. endobj Hot Dogs for Heroes 4th of July Event This Thursday! <>stream 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. 38 0 obj <> endobj OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. How can you learn more about these things? Just had C& P exam for sleep apnea. THANK YOU AGAIN. And that means you are going to have to think through your sleep apnea claim. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Do You Owe Your Severance Pay Back to the VA? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p You can subscribe to his Veterans Disability channel on YouTube. Allergies or sensitivities to foods, odors, chemicals, or noise. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. The rate was a staggering 22%. The most trusted name in education-based resources for Veterans. As a fellow disabled Veteran this is shameful and Im on a mission to change it. I dont know if Im authorize a second run at the DRO or go straight to BVA. Learn more about us, Veterans Disability Claim Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/.

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