YEP!!! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. endobj . Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. 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. I filed NOD in early 2017 request an informal DRO. I have sleep apnea and emphysema. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Sounds easy enough, right? How to Service Connect Chronic Fatigue Syndrome f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Did the VA Benefit of the Doubt Rule just disappear? There are 3 ways to get it: Chris, Copyright 2023 VA Claims Insider, LLC. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. See id. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. 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. 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. 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. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. And you are going to have to presentit neatly andpersuasivelyto the VA. I stated on my retirement physical that I sometimes have trouble sleeping at night. A nexus letter is often the missing link in a VA claim. Source: Department of Veteran Affairs Regional Office New Orleans, LA. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Veterans Benefits Network-Sleep Apnea secondary to Service Connected I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. caused or made worse by your active duty military service OR. 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. We would be happy to talk to you. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. The most trusted name in education-based resources for Veterans. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. But if your body cannot get sleep, you will die. (In many cases, amedical expert report or opinion may be crucial to success). VA Disability for Sleep Apnea: Proving Service Connection However, most of the time, sleep apnea is a secondary claim. 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. How can you learn more about these things? The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Your voice is important especially when it comes to your own health care. *To prove your Sleep Apnea is service connected without a sleep study in the military? It is the only thing that kept in the fight and especially it keeps sane and focus. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Second example.lets say the veteran has service connection for PTSD. 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. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Allergies or sensitivities to foods, odors, chemicals, or noise. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. You are going to have to get a LOT of 5-Star Evidence. The transmission of an email request for information does not create an attorney client relationship. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 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). 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. Whats the VAs Problem with Sleep Apnea? Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. They were at all times attentive and on top of my case. 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. I filed to reopen my SA claim in 2016. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Battle of DUAL-EXPERTS Chris, you called it!!! 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). 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. By doing this your claim will have the best chance possible. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. 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. 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. Sleep apnea is a medically complex disorder. <>stream I also have central and obstructive sleep apnea which has been denied service connection. 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. 0 Microsoft Word 2010 . * Can I service connect sleep apnea without a sleep study in service? Even a previous diagnosis may not be accepted by the VA without a sleep study. endstream endobj startxref If you are hurt at work, this is the firm you want on YOUR side. z`tsd#Ex>@"A"M@+5;$ Winning a VA claim to service connect sleep apnea is hard. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Its almost as much work and it can often take as much dedication. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Estimate your 2023 VA Rating & Compensation for FREE! Youre welcome, Sam! My claim was approved first time submitting. 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. 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). A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Thats $901.83 a month. 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. Youll need to make the call on direct service connection versus secondary service connection. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. I read hundreds of cases. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Kim was very helpful and any time I had a question she made sure I got an answer. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. VA Disability Ratings for Hypertension and Sleep Apnea Our firm was founded in 1986 in Orlando, Florida. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Headaches which are new or have become worse. Need help claiming this crucial part of your claim? These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Nexus is simply a connection or series of connections linking two or more things. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. You can lose a kidney, and live a full and complete life. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. 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. Proving Service-Connection for Sleep Apnea. I can teach you how to do that. 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. %PDF-1.4 I spoke with DRO via phone for 5min confirming she received my NOD and evidence. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. The rate was a staggering 22%. See R. at 8-9. You're not alone. 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. * Can Agent Orange cause Sleep Apnea? 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider How to File a Claim on VA.gov (step-by-step)! I told you at the beginning I wantto change your thinking. This may be 20 or 30 years after the problems started. 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! without his BI-PAP MACHINE,one up from CPAP,which i have. However, if you use one, it does provide you with a higher rating. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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). Youre arent alone. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Without a CPAP machine, the VA assigns a 30% rating. But most veterans are not service-connected for this sinus condition. With lay evidence AND medical evidence. about the threat of COVID-19 We are sorry that this post was not as useful for you! Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Give us a call at 800-477-9027 to see if we can help you. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . This is a great group of people who really care about your well being. In my book Put it to Rest! The most trusted name in education-based resources for Veterans. protected, calm and informed Board of Veterans Appeals 3. Keep us posted Im eager to hear how it turns out! Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Sleep Apnea in Gulf War Veterans - Public Health 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 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . I cannot get the sleep apnea connected. Department of Veterans Affairs Of course, I dont give legal advice on the Veterans Law Blog. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Has camp Lejeune exposures been linked to sleep apnea? 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. Copyright 2023 VA Claims Insider, LLC. Its an essential piece of evidence. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. 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.. Your first step is to be absolutely sure about what type of apnea you have. Since there is no cure for CFS the treatment focuses on relief of the symptoms. And that means you are going to have to think through your sleep apnea claim. Dont make the mistake so many other veterans have. It's almost as much work - and it can often take as much dedication. San Jose, CA: 2880 Zanker Road, Ste. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. VA Claims insider is an education-based coaching/consulting company. 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. 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 Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. * The importance ofamedical expert opinion in your Sleep Apnea claim. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. These pauses can happen several times an hour when the apnea is severe. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. endobj Is Sleep Apnea a Disability? A Guide for Veterans A noticeable sign of obstructive sleep apnea is snoring. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Your email address will not be published. BVA Decision Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Since that time, we have provided compassionate When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. Any advice on getting sleep apnea service connected? 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. See our tips on how to obtain a credible nexus letter. Thanks for your concern and the blog. We see that quite often with sleep apnea claims. How to Hire an Attorney For Your VA Claim or Appeal. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 That is how I suggest you handle this situation. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 7 0 obj and Coronavirus. In order to help you with your secondary claim, we have put together this Insiders Guide! Will be some time before answer but getting all the info I can. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. I cannot recommend Jason and his staff enough. 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).