service connection for sleep apnea is granted

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 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. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. This is in order to be officially diagnosed. *To prove your Sleep Apnea is service connected without a sleep study in the military? See our tips on how to obtain a credible nexus letter. <>stream YEP!!! 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. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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 From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. If you continue to use this site we will assume that you are happy with it. Thats $901.83 a month. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Need a C&P exam for sleep apnea secondary to PTSD? 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Winning a VA claim to service connect sleep apnea is hard. All Rights Reserved. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 203, San Jose, CA 95134 Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. 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. 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. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. * What if it wasnt diagnosed until years after service can I service connect it then? Was your obstructive sleep apnea (OSA) VA claim denied? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Learn more about us, Veterans Disability Claim The problem is that many disabilities that arise in service are not actually diagnosed in service. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Learn how your comment data is processed. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. See our article Burn Pit Presumptive Conditions. 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. 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. 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. Nexus is simply a connection or series of connections linking two or more things. Its an entirely different thing to mix those ingredients so that they turn into a cake. Your voice is important especially when it comes to your own health care. endobj I have a diagnosis and a CPAPwhy arent they granting my claim?. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Contact Us Its one thing to give you the ingredients for a chocolate cake. That said, the key here is making the connection from service to diagnosis. 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, Headaches which are new or have become worse. I recd another denial (3rd) Jun 30, 2017. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. See R. at 8-9. Do I Need a CPAP Machine to be Service-Connected? Anxiety and depression can interfere with sleep patterns. Kim was very helpful and any time I had a question she made sure I got an answer. However, the VA. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. You can lose a kidney, and live a full and complete life. Favorable BVA Case Law Precedent Example #2: 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! 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 Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. See id. application/pdf Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. My expert agreed to write a rebuttal opinion to the VAs expert. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 To find the definitive guide for service-connection for sleep apnea, check it out here. Please call for an appointment before visiting: Mail Processing Center: P.O. We can helpreach out so we can show you how. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. My sleep apnea is worsened when I lie on my back and I still have loss of breath. And that means you are going to have to think through your sleep apnea claim. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 7 0 obj As this represents a total grant . How to File a Claim on VA.gov (step-by-step)! 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. 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. BVA Decision Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. 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 is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. I talked to several doctors about the causes and limitations of sleep apnea. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Physical therapy can be given to help maintain and improve mobility. No current sleep study within the last 12 months, #2. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. While we still have our home base in Florida, Youll need to make the call on direct service connection versus secondary service connection. 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). Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Your airway narrows and closes, leading to pauses in the breathing cycle. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Second example.lets say the veteran has service connection for PTSD. I have had cardiomegly X-rays while on active duty. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Theres lots of literature available to back it up. 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. For doing an awesome job. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Both sinusitis and rhinitis are linked to sleep apnea. The transmission of an email request for information does not create an attorney client relationship. 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. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. We are sorry that this post was not as useful for you! This may be 20 or 30 years after the problems started. These pauses can happen several times an hour when the apnea is severe. Hepatitis C also causes insulin resistance. How to Hire an Attorney For Your VA Claim or Appeal. Did the VA Benefit of the Doubt Rule just disappear? For instance, often sleep apnea presents itself in those who have been suffering from PTSD. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. put your Sleep Apnea Claim together right. 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). Do You Owe Your Severance Pay Back to the VA? entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Copyright 2023 VA Claims Insider, LLC. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). How can you learn more about these things? My emphysema is connected. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. NOW ITS YOUR TURN. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Even if youve been denied before, its not too late! Without a CPAP machine, the VA assigns a 30% rating. 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. A nexus letter is often the missing link in a VA claim. 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. 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. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. I talked to several doctors and sleep experts. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. Need help claiming this crucial part of your claim? How to Get a 100 Percent VA Rating (if deserved)! 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. Without a CPAP machine, the VA assigns a 30% rating. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Camp Lejeune Lawsuit. The information contained on this web site is provided for informational purposes only and not legal advice. Are you a veteran who suffers from sleep apnea? z`tsd#Ex>@"A"M@+5;$ Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). Sounds easy enough, right? Has camp Lejeune exposures been linked to sleep apnea? Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Take advantage of a FREE VA Claim Discovery Call. 4 0 obj I believe the two are connected. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 This field is for validation purposes and should be left unchanged. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This is where I come in. Did the VA Benefit of the Doubt Rule just disappear? How to Hire an Attorney For Your VA Claim or Appeal. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). 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 ?). Everyone I came in contact with there was very nice. 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). Required fields are marked *. Local Wounded Veterans Gifted with Opportunities to Go Fishing. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability I have sleep apnea diagnosed by the VA sleep study. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously.

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