By doing this your claim will have the best chance possible. Your airway narrows and closes, leading to pauses in the breathing cycle. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Also see our post What is a Service-Connected Disability? Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Tender lymph nodes usually in the neck and underarms. 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. Since that time, we have provided compassionate Even if youve been denied before, its not too late! The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Its an entirely different thing to mix those ingredients so that they turn into a cake. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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 one study, 69.2% of veterans were assessed as being at high risk for OSA.). The problem is that many disabilities that arise in service are not actually diagnosed in service. This field is for validation purposes and should be left unchanged. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 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. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. This may be 20 or 30 years after the problems started. A nexus letter is often the missing link in a VA claim. Scenario 2: The Veteran has a current diagnosis of sleep apnea. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. You can lose your arms and legs and still survive. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. 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. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. VA claim for sleep apnea denied? If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn
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S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg How to Get a 100 Percent VA Rating (if deserved)! caused or made worse by your active duty military service OR. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. 67 0 obj
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2023-03-04T21:20:56-05:00 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). But most veterans are not service-connected for this sinus condition. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd
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Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 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. 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, the VA. I understand you want your VA claim to be done as quickly as possible. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. If you are lucky, you start breathing again. And you are going to have to presentit neatly andpersuasivelyto the VA. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. All Rights Reserved. Learn how your comment data is processed. I believe that the VA and BVA do not take Sleep Apnea seriously. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 %%EOF
I have had cardiomegly X-rays while on active duty. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. In my book Put it to Rest! 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 am also service connected for chronic bronchitis with a rating of 0 %. I also have central and obstructive sleep apnea which has been denied service connection. Thats $901.83 a month. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! I can teach you how to do that. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Without a CPAP machine, the VA assigns a 30% rating. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I talked to several doctors about the causes and limitations of sleep apnea. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Do you have questions about how to service connect sleep apnea claims? endstream
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Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Chills and night sweats as well as low-grade fevers. The question raised in this case is whether this "intermediate step" is limited to . 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 I have sleep apnea diagnosed by the VA sleep study. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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. That is how I suggest you handle this situation. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. How to Get a 100 Percent VA Rating (if deserved)! All Rights Reserved. Estimate your 2023 VA Rating & Compensation for FREE! * What if it wasnt diagnosed until years after service can I service connect it then? hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
Need a C&P exam for sleep apnea secondary to PTSD? The transmission of an email request for information does not create an attorney client relationship. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. I have also had a stroke. However, most of the time, sleep apnea is a secondary claim. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. You're not alone. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. How to File a Claim on VA.gov (step-by-step)! Thousands of other Veterans in our Community are here for you. You're not alone. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 2023-03-04T21:20:56-05:00 Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. In order to help you with your secondary claim, we have put together this Insiders Guide! % 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. yet assertive representation for our clients. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. protected, calm and informed Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Hot Dogs for Heroes 4th of July Event This Thursday! If you use a CPAP machine, then this should warrant a 50% rating. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ You are going to have to get a LOT of 5-Star Evidence. Keep up the great work, and remember, the only way to lose is to give up! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Below is the schedule for rating . Its an essential piece of evidence. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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 tried going it alone and the insurance carrier pushed me around. 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. Give us a call at 800-477-9027 to see if we can help you. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. (In many cases, amedical expert report or opinion may be crucial to success). Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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). * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Wc%X$(:ss!LCO^?4d *$
Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Your email address will not be published. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Youre arent alone. Make sure to have your sleep study done. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. 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. 3. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. Hence, the weight gain. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N
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