VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. . This field is for validation purposes and should be left unchanged. 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 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. 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. I talked to several doctors and sleep experts. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. (In many cases, amedical expert report or opinion may be crucial to success). FREE tips for veterans to stay protected, calm and informed Thats what Sleep Apnea does while you are sleeping, you stop breathing. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 2020 Strategic Veteran All Rights Reserved. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 This may be even easier for you now because of a new VA new rule as of August 2, 2021. If you have this condition, it causes the throat muscles to relax while sleeping. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Favorable BVA Case Law Precedent Example #2: Medical opinions will be CRUCIAL, as these are not NECESSARY connections. When I turned my case over to Jason things turned around, QUICK. Did the VA Benefit of the Doubt Rule just disappear? Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! The same can be said about service-connected mental health conditions. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. How to Hire an Attorney For Your VA Claim or Appeal. We cant possibly cover each of those and the ways to service connect all of them in this one article. Viet Nam Vet. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Need a C&P exam for sleep apnea secondary to PTSD? A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. In our experience, most VA disability claims are won or lost based on medical evidence. Secondary Service Connection OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. All Rights Reserved. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Gulf War Illness and Presumptive Service Connection. 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. Also see our post What is a Service-Connected Disability? Chills and night sweats as well as low-grade fevers. Is Sleep Apnea Could Be a Service-Connected VA Disability? There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Proving Service-Connection for Sleep Apnea - VA Claims Insider I believe the two are connected. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). No current sleep study within the last 12 months, #2. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Your email address will not be published. Sounds easy enough, right? They denied injections the doctor recommended to ease my pain. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. The transmission of an email request for information does not create an attorney client relationship. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. I have sleep apnea and emphysema. Keep up the great work, and remember, the only way to lose is to give up! hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 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. 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 38 U.S.C.A. Want More Information about VA Sleep Apnea? about the threat of COVID-19 and Coronavirus. Tender lymph nodes usually in the neck and underarms. about the threat of COVID-19 If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Make sure to have your sleep study done. Please call for an appointment before visiting: Mail Processing Center: P.O. Give us a call at 800-477-9027 to see if we can help you. Without a CPAP machine, the VA assigns a 30% rating. Board of Veterans' Appeals I cannot recommend Jason and his staff enough. Its almost as much work and it can often take as much dedication. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Learn how your comment data is processed. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. endstream endobj 42 0 obj <>stream 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. Thousands of other Veterans in our Community are here for you. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Jason Perkins, was my lawyer in a workers comp. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). I can teach you how to do that. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. We offer free resources and expertise to empower all Veterans. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Take advantage of a FREE VA Claim Discovery Call. 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. If you continue to use this site we will assume that you are happy with it. 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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). 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. 7 0 obj Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. You are going to have to get a LOT of 5-Star Evidence. Worsening of symptoms after activities. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . sleep apnea is not the kind of disability associated with a wounded warrior. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Therefore you should be well prepared before submitting your claim. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Need help claiming this crucial part of your claim? Scenario 2: The Veteran has a current diagnosis of sleep apnea. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Hot Dogs for Heroes 4th of July Event This Thursday! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. 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. 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. The information contained on this web site is provided for informational purposes only and not legal advice. Your first step is to be absolutely sure about what type of apnea you have. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. VA Disability Ratings for Hypertension and Sleep Apnea The question raised in this case is whether this "intermediate step" is limited to . Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Thanks for your concern and the blog. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Thousands of other Veterans in our Community are here for you. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. I believe that the VA and BVA do not take Sleep Apnea seriously. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. endobj It is the only thing that kept in the fight and especially it keeps sane and focus. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 2 0 obj See id. protected, calm and informed 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. 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. 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . You can subscribe to his Veterans Disability channel on YouTube. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 I stated on my retirement physical that I sometimes have trouble sleeping at night. 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 ?). 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. 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. 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). Its over 165 pages long, and took 9 months of research. I got a 50% rating. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. How can you learn more about these things? 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. With lay evidence AND medical evidence. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Department of Veterans Affairs 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. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. % 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. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. By doing this your claim will have the best chance possible. Contact Us 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. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) fight to get their sleep apnea service-connected. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. If you are lucky, you start breathing again. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Your airway narrows and closes, leading to pauses in the breathing cycle. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Making the Sausage: Heres what you need to know about new VA Claims regulations.
Vmi Football Coaching Staff Directory, Articles S