Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Winning a VA Sleep Apnea is much harder. However, if you use one, it does provide you with a higher rating. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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 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. I believe that the VA and BVA do not take Sleep Apnea seriously. Otherwise, I would properly ended up in mental health facility or going insane!!! 2023-03-04T21:20:56-05:00 In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. This means they make their claim without providing much proof. Weight gain can be tied to several different conditions. Hot Dogs for Heroes 4th of July Event This Thursday! You DESERVE a HIGHER VA rating.WE CAN HELP. Of course, I dont give legal advice on the Veterans Law Blog. This is in order to be officially diagnosed. and Coronavirus. 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). I filed to reopen my SA claim in 2016. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! What about PTSD? Without a CPAP machine, the VA assigns a 30% rating. Source: Department of Veteran Affairs Regional Office New Orleans, LA. 4 0 obj 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Learn how your comment data is processed. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. I have also had a stroke. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. Give us a call at 800-477-9027 to see if we can help you. Were Veterans, just like you, whove learned how to navigate within the VA system. 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. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. See you on the inside! These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 203, San Jose, CA 95134 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. It only took three months. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! The question raised in this case is whether this "intermediate step" is limited to . The rate was a staggering 22%. Will be some time before answer but getting all the info I can. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Your voice is important especially when it comes to your own health care. Is Sleep Apnea Could Be a Service-Connected VA Disability? Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. Sounds easy enough, right? PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library injury case. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. FREE tips for Veterans to stay about the threat of COVID-19 Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. YEP!!! * WHAT evidencetouseandwhich path to Service Connectionto use. The question raised in this case is whether this "intermediate step" is limited to . about the threat of COVID-19 and Coronavirus. Tender lymph nodes usually in the neck and underarms. Do You Owe Your Severance Pay Back to the VA? HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ How to Hire an Attorney For Your VA Claim or Appeal. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. However, the VA. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. Is Sleep Apnea a Disability? A Guide for Veterans f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. VA Disability Ratings for Sleep Disturbances | CCK Law I recommend Perkins Law Firm. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 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. endstream Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Did the VA Benefit of the Doubt Rule just disappear? It's almost as much work - and it can often take as much dedication. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Wc%X$(:ss!LCO^?4d *$ Viet Nam Vet. Service-Connected Sleep Apnea VA Claim | Strategic Veteran This field is for validation purposes and should be left unchanged. 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 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. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. NOW ITS YOUR TURN. Copyright 2023 VA Claims Insider, LLC. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. We offer free resources and expertise to empower all Veterans. Those are the ingredients. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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. There are three types, obstructive, central, and mixed. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 1 0 obj Your email address will not be published. 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. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. How is Chronic Fatigue Syndrome Diagnosed? 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. 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. Proving Service-Connection for Sleep Apnea. Save my name, email, and website in this browser for the next time I comment. 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. 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. Check out the Sleep Apnea Field Manual. Allergies or sensitivities to foods, odors, chemicals, or noise. 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. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Making the Sausage: Heres what you need to know about new VA Claims regulations. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Its almost as much work and it can often take as much dedication. But remember the ultimate goal to win your VA disability compensation claim. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Battle of DUAL-EXPERTS Chris, you called it!!! 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. How to File a Claim on VA.gov (step-by-step)! Digestion issues like IBS (irritable bowel syndrome). There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. sleep apnea is not the kind of disability associated with a wounded warrior. 2023-03-04T21:20:56-05:00 Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Since that time, we have provided compassionate 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. No current sleep study within the last 12 months, #2. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Theres lots of literature available to back it up. Since there is no cure for CFS the treatment focuses on relief of the symptoms. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Did the VA Benefit of the Doubt Rule just disappear? The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! How to Hire an Attorney For Your VA Claim or Appeal. Save my name, email, and website in this browser for the next time I comment. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. VA Claims insider is an education-based coaching/consulting company. THANK YOU AGAIN. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Your first step is to be absolutely sure about what type of apnea you have. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. Yi-bR :z>r6iFR 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Anxiety and depression can interfere with sleep patterns. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Secondary Service Connection Local Wounded Veterans Gifted with Opportunities to Go Fishing. A nexus letter is often the missing link in a VA claim. In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. All Rights Reserved. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! z`tsd#Ex>@"A"M@+5;$ 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. To find the definitive guide for service-connection for sleep apnea, check it out here. Do I Need a CPAP Machine to be Service-Connected? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. They were at all times attentive and on top of my case. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Youre arent alone. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain.