You are going to have to think through your case as objectively as you possibly can. Source: Department of Veteran Affairs Regional Office New Orleans, LA. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Learn more about us, Veterans Disability Claim If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Just think about our veterans from older eras. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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 put your Sleep Apnea Claim together right. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. My sleep apnea is worsened when I lie on my back and I still have loss of breath. In order to help you with your secondary claim, we have put together this Insiders Guide! Any advice on getting sleep apnea service connected? Honestly, they are just saying it. It only took three months. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) A nexus letter is often the missing link in a VA claim. Even if youve been denied before, its not too late! How is Chronic Fatigue Syndrome Diagnosed? 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. These pauses can happen several times an hour when the apnea is severe. Take advantage of a FREE VA Claim Discovery Call. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 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. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. If you are lucky, you start breathing again. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. Dont make the mistake so many other veterans have. * What if it wasnt diagnosed until years after service can I service connect it then? Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. Proving Service-Connection for Sleep Apnea. 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. Save my name, email, and website in this browser for the next time I comment. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. 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 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. 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. Youll need to make the call on direct service connection versus secondary service connection. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. There are three types, obstructive, central, and mixed. With lay evidence AND medical evidence. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Contact Us That is how I suggest you handle this situation. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. 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. 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. 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. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Keep us posted Im eager to hear how it turns out! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 203, San Jose, CA 95134 VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Hepatitis C also causes insulin resistance. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. VA Claims insider is an education-based coaching/consulting company. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! NOW ITS YOUR TURN. endstream Its almost as much work and it can often take as much dedication. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Youre welcome, Sam! endobj Even a previous diagnosis may not be accepted by the VA without a sleep study. How to Get a 100 Percent VA Rating (if deserved)! VA Disability Ratings for Hypertension and Sleep Apnea VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Below is the schedule for rating . All Rights Reserved. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. Winning a VA claim to service connect sleep apnea is hard. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Learn how your comment data is processed. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Without a CPAP machine, the VA assigns a 30% rating. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Microsoft Word 2010 Your email address will not be published. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Chills and night sweats as well as low-grade fevers. 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. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. IN THE APPEAL OF . I am service connected for chronic sinusitis with a 30% rating. I did not have a va physical until about 13 years after seperation from service. I have sleep apnea diagnosed by the VA sleep study. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. VA Disability for Sleep Apnea: Proving Service Connection Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 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. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD 3. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. If you use a CPAP machine, then this should warrant a 50% rating. Your email address will not be published. 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. Make sure to have your sleep study done. 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. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. about the threat of COVID-19 and Coronavirus. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w And that means you are going to have to think through your sleep apnea claim. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Winning a VA claim to service connect sleep apnea is hard. 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 =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Your email address will not be published. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Copyright 2023 VA Claims Insider, LLC. Your airway narrows and closes, leading to pauses in the breathing cycle. 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. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. Hence, the weight gain. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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). Digestion issues like IBS (irritable bowel syndrome). Sounds easy enough, right? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. . Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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). Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider caused or made worse by your active duty military service OR. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea.
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