z`tsd#Ex>@"A"M@+5;$ 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. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. San Jose, CA: 2880 Zanker Road, Ste. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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. When I turned my case over to Jason things turned around, QUICK. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). 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.. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 2023-03-04T21:20:56-05:00 This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. In our experience, most VA disability claims are won or lost based on medical evidence. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. NOW ITS YOUR TURN. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. There are 3 ways to get it: Chris, New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. YEP!!! I have sleep apnea diagnosed by the VA sleep study. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Scenario 2: The Veteran has a current diagnosis of sleep apnea. A noticeable sign of obstructive sleep apnea is snoring. 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. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Everyone I came in contact with there was very nice. 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. Need help claiming this crucial part of your claim? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 2017-05-30T18:09:36-04:00 endstream endobj 43 0 obj <>stream 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. Copyright 2023 VA Claims Insider, LLC. 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. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. This is where I come in. . Your email address will not be published. They denied extra physical therapy. 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. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. If you continue to use this site we will assume that you are happy with it. 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. Instead, the leading cause of sleep apnea is weight gain. Hepatitis C also causes insulin resistance. However, if you use one, it does provide you with a higher rating. 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. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Proving Service-Connection for Sleep Apnea. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. We see that quite often with sleep apnea claims. Favorable BVA Case Law Precedent Example #2: It's almost as much work - and it can often take as much dedication. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Both anxiety and depression can also be linked to sleep apnea. 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. Battle of DUAL-EXPERTS Chris, you called it!!! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. %%EOF Learn more about us, Veterans Disability Claim There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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. Thousands of other Veterans in our Community are here for you. Dear Mr Attig: This is what is called the Nexus. Most Veterans are not proving sleep apnea is service connected. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. With lay evidence AND medical evidence. This field is for validation purposes and should be left unchanged. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Below is the schedule for rating disability for Chronic Fatigue Sundrome. See our article Burn Pit Presumptive Conditions. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. The most trusted name in education-based resources for Veterans. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. SvKve5.YmPE}=;vpb -GW2RN Do You Owe Your Severance Pay Back to the VA? Also see our post What is a Service-Connected Disability? VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. We are sorry that this post was not as useful for you! The transmission of an email request for information does not create an attorney client relationship. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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! lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. 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. The first requirement which must be met to satisfy the VA is a sleep study. Also sinusitis, rhinitis, hypertension. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). As a fellow disabled Veteran this is shameful and Im on a mission to change it. Secondary Service Connection Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Hence, the weight gain. This field is for validation purposes and should be left unchanged. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. You are going to have to think through your case as objectively as you possibly can. 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. 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. 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. Did the VA Benefit of the Doubt Rule just disappear? Of course, I dont give legal advice on the Veterans Law Blog. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT endstream endobj startxref if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Department of Veterans Affairs Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! You can subscribe to his Veterans Disability channel on YouTube. about the threat of COVID-19 and Coronavirus. 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. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Kim was very helpful and any time I had a question she made sure I got an answer. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. VA claim for sleep apnea denied? How to Connect Sleep Apnea to Military Service. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Were Veterans, just like you, whove learned how to navigate within the VA system. 203, San Jose, CA 95134 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. If you need assistance in appealing your claim for CFS,let us know here! 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Which primary disabilities make the best claims for secondary service connection of sleep apnea? See R. at 8-9. endstream 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. Just think about our veterans from older eras. See id. 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. I told you at the beginning I wantto change your thinking. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices injury case. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Do you have questions about how to service connect sleep apnea claims? The BEST Path to Proving Sleep Apnea is Service Connected. Youll need to make the call on direct service connection versus secondary service connection. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. This may be even easier for you now because of a new VA new rule as of August 2, 2021. In order to help you with your secondary claim, we have put together this Insiders Guide! 38 0 obj <> endobj Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. caused or made worse by your active duty military service OR. Microsoft Word 2010 High blood pressure or hypertension can be easily developed due to stress acquired in active duty. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. This is described as being foggy by patients. In my book Put it to Rest! * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Thousands of other Veterans in our Community are here for you. Honestly, they are just saying it. You can lose a kidney, and live a full and complete life. Sleep apnea is a medically complex disorder. Your airway narrows and closes, leading to pauses in the breathing cycle. endobj Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Thanks for your concern and the blog. Without a CPAP machine, the VA assigns a 30% rating. I have sleep apnea and emphysema. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. How to Hire an Attorney For Your VA Claim or Appeal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Required fields are marked *. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Winning a VA claim to service connect sleep apnea is hard. Yi-bR :z>r6iFR But remember the ultimate goal to win your VA disability compensation claim. Want More Information about VA Sleep Apnea? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. 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. Nexus is simply a connection or series of connections linking two or more things. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Viet Nam Vet. protected, calm and informed b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. What about PTSD? Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Your email address will not be published. 7 0 obj Thats $901.83 a month. 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. I filed to reopen my SA claim in 2016. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. 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. 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.