One step at a time, one claim at a time, one veteran at a time.we vets are winning!! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. 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. 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. Without a CPAP machine, the VA assigns a 30% rating. Hepatitis C also causes insulin resistance. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. 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 ?). 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. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. Jason Perkins, was my lawyer in a workers comp. 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. However, if you use one, it does provide you with a higher rating. Anxiety and depression can interfere with sleep patterns. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. This may be 20 or 30 years after the problems started. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. sleep apnea is DEADLY, my brother in law went out CAMPING. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. <>stream You DESERVE a HIGHER VA rating.WE CAN HELP. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Honestly, they are just saying it. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Are you a veteran who suffers from sleep apnea? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Weve supported more than 15,000 veterans to win their claims and increase their ratings. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. * WHAT evidencetouseandwhich path to Service Connectionto use. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. You can subscribe to his Veterans Disability channel on YouTube. 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. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 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). How to Connect Sleep Apnea to Military Service. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). 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. Headaches which are new or have become worse. Winning a VA Sleep Apnea is much harder. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. endobj uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 But remember the ultimate goal to win your VA disability compensation claim. Department of Veterans Affairs 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Your airway narrows and closes, leading to pauses in the breathing cycle. I can teach you how to do that. 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. 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. put your Sleep Apnea Claim together right. This may be even easier for you now because of a new VA new rule as of August 2, 2021. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Instead, the leading cause of sleep apnea is weight gain. 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. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Sounds easy enough, right? 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. %PDF-1.4 % Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. 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. We would be happy to talk to you. How to Get a 100 Percent VA Rating (if deserved)! 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.. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). I also have central and obstructive sleep apnea which has been denied service connection. Just had C& P exam for sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Viet Nam Vet. I disagree. This means they make their claim without providing much proof. My emphysema is connected. hTOo0| 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Required fields are marked *. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Sleep apnea is a medically complex disorder. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Need help claiming this crucial part of your claim? This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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! 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. 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 38 0 obj <> endobj 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. These pauses can happen several times an hour when the apnea is severe. I cannot get the sleep apnea connected. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. VA claim for sleep apnea denied? Save my name, email, and website in this browser for the next time I comment. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 It is the only thing that kept in the fight and especially it keeps sane and focus. and Coronavirus. My sleep apnea is worsened when I lie on my back and I still have loss of breath. endstream Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. For doing an awesome job. This is in order to be officially diagnosed. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Just think about our veterans from older eras. We see that quite often with sleep apnea claims. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 2020 Strategic Veteran All Rights Reserved. I cannot recommend Jason and his staff enough. But most veterans are not service-connected for this sinus condition. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. I was diagnosed with OSA 10 years after separation. 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. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Physical therapy can be given to help maintain and improve mobility. fight to get their sleep apnea service-connected. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Do you have questions about how to service connect sleep apnea claims? Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. All Rights Reserved. YEP!!! Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Will be some time before answer but getting all the info I can. Hence, the weight gain. 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Learn more about us, Veterans Disability Claim You are going to have to think through your case as objectively as you possibly can. If you are lucky, you start breathing again. How can you learn more about these things? SvKve5.YmPE}=;vpb -GW2RN I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. NOW ITS YOUR TURN. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Do I Need a CPAP Machine to be Service-Connected? endstream endobj 43 0 obj <>stream 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. Weight gain can be tied to several different conditions. How to Hire an Attorney For Your VA Claim or Appeal. If you continue to use this site we will assume that you are happy with it. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. 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. Andmy sleep study was not done in the military.. I have a diagnosis and a CPAPwhy arent they granting my claim?. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Nexus is simply a connection or series of connections linking two or more things. You can lose your arms and legs and still survive. 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). Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 However, if you use one, it does provide you with a higher rating. Copyright 2023 VA Claims Insider, LLC. The first requirement which must be met to satisfy the VA is a sleep study. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. Save my name, email, and website in this browser for the next time I comment. Thousands of other Veterans in our Community are here for you. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. There are three types, obstructive, central, and mixed. FREE tips for Veterans to stay It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Its an essential piece of evidence. I have also had a stroke. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Template for processing Decision or Remand injury case. Want More Information about VA Sleep Apnea? Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 . Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs.

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