Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential.
lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. sleep apnea is DEADLY, my brother in law went out CAMPING. and Coronavirus. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Estimate your 2023 VA Rating & Compensation for FREE! Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Local Wounded Veterans Gifted with Opportunities to Go Fishing. I was diagnosed with OSA 10 years after separation. I have had cardiomegly X-rays while on active duty. Otherwise, I would properly ended up in mental health facility or going insane!!! 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. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. I cannot get the sleep apnea connected. I dont want you to think about the EASY path to proving Sleep Apnea is service connected.
A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. However, if you use one, it does provide you with a higher rating.
The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Keep up the great work, and remember, the only way to lose is to give up!
Is Sleep Apnea a Disability? A Guide for Veterans All Rights Reserved. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder.
Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it.
For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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). (In one study, 69.2% of veterans were assessed as being at high risk for OSA.).
How to Service Connect Chronic Fatigue Syndrome 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. If you continue to use this site we will assume that you are happy with it. It only took three months. They denied extra physical therapy. 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. 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. If you are lucky, you start breathing again. Your email address will not be published. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm
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Contact Us Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Since there is no cure for CFS the treatment focuses on relief of the symptoms. I cannot recommend Jason and his staff enough. 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. Its an essential piece of evidence. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 It is the only thing that kept in the fight and especially it keeps sane and focus. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801
Learn how your comment data is processed. NOW ITS YOUR TURN. Winning a VA Sleep Apnea is much harder.
%PDF-1.4 z`tsd#Ex>@"A"M@+5;$ 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. Take advantage of a FREE VA Claim Discovery Call. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. endstream Secondary Service Connection Required fields are marked *. How to Get a 100 Percent VA Rating (if deserved)!
Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. protected, calm and informed 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. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. <>stream
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 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Medical opinions will be CRUCIAL, as these are not NECESSARY connections. THANK YOU AGAIN. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! I read hundreds of cases. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. A nexus letter is often the missing link in a VA claim. The BEST Path to Proving Sleep Apnea is Service Connected. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. sleep apnea is not the kind of disability associated with a wounded warrior. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0
endobj Thats what Sleep Apnea does while you are sleeping, you stop breathing. Theres lots of literature available to back it up. But most veterans are not service-connected for this sinus condition. I have also had a stroke. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 56 0 obj
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Please call for an appointment before visiting: Mail Processing Center: P.O. 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. fight to get their sleep apnea service-connected. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. Its an entirely different thing to mix those ingredients so that they turn into a cake. 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Just think about our veterans from older eras. Microsoft Word 2010 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Allergies or sensitivities to foods, odors, chemicals, or noise. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I am also service connected for chronic bronchitis with a rating of 0 %. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. . You can subscribe to his Veterans Disability channel on YouTube. I also have central and obstructive sleep apnea which has been denied service connection. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. Chills and night sweats as well as low-grade fevers. *To prove your Sleep Apnea is service connected without a sleep study in the military? Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. 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. * What if it wasnt diagnosed until years after service can I service connect it then? endstream
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XvKdEP,Zbl65k8 x!KSToHjbrC. Yi-bR :z>r6iFR 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. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. 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. Whats the VAs Problem with Sleep Apnea? I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Second example.lets say the veteran has service connection for PTSD. * Damage to the brain from a TBI (Traumatic Brain Injury). without his BI-PAP MACHINE,one up from CPAP,which i have.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 If you are already service-connected for your knees or your back, you are likely not as active as you once were. Ann Margaret really took the time to explain things to me. To find the definitive guide for service-connection for sleep apnea, check it out here. 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). But remember the ultimate goal to win your VA disability compensation claim. However, this has been thoroughly disproven. Viet Nam Vet. * How do I appeal the VAs denial of my Sleep Apnea?
Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! .{}p/=jyWG0j#kdLl%*~
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G(7H^1rnWI\8@I8w Chris, thank you for the posts and training videos you are providing to veterans. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. OY&/Ov{"3 tz0{r
F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Both sinusitis and rhinitis are linked to sleep apnea.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. Youre arent alone. 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. 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. Dear Mr Attig: Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Just had C& P exam for sleep apnea. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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.
See R. at 8-9. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Your first step is to be absolutely sure about what type of apnea you have. 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. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD.