service connection for sleep apnea is granted

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. Your email address will not be published. You're not alone. I tried going it alone and the insurance carrier pushed me around. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). And that means you are going to have to think through your sleep apnea claim. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. San Jose, CA: 2880 Zanker Road, Ste. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. 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. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. We would be happy to talk to you. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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 My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? 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. endstream endobj 43 0 obj <>stream Please call for an appointment before visiting: Mail Processing Center: P.O. 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. endstream There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Worsening of symptoms after activities. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. The VA classifies Sleep Apnea as a disability for which compensation is granted. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). You can subscribe to his Veterans Disability channel on YouTube. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. This means they make their claim without providing much proof. 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. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. My expert agreed to write a rebuttal opinion to the VAs expert. Was your obstructive sleep apnea (OSA) VA claim denied? FREE tips for Veterans to stay Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. 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. Learn how your comment data is processed. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 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. They denied extra physical therapy. It's almost as much work - and it can often take as much dedication. BVA Decision Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. How to File a Claim on VA.gov (step-by-step)! <>stream 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 ?). I think that far too many raters and BVA judges think of sleep apnea as made up medicine. The rate was a staggering 22%. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. 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. * Can Agent Orange cause Sleep Apnea? I have had cardiomegly X-rays while on active duty. 38 U.S.C.A. endobj We are sorry that this post was not as useful for you! Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Honestly, they are just saying it. Jason Perkins, was my lawyer in a workers comp. The first requirement which must be met to satisfy the VA is a sleep study. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. 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. 67 0 obj <>stream There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). For doing an awesome job. I filed NOD in early 2017 request an informal DRO. How to Hire an Attorney For Your VA Claim or Appeal. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Therefore you should be well prepared before submitting your claim. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. sleep apnea is not the kind of disability associated with a wounded warrior. I recd another denial (3rd) Jun 30, 2017. endobj In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I cannot get the sleep apnea connected. Your first step is to be absolutely sure about what type of apnea you have. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Weight gain can be tied to several different conditions. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream As a fellow disabled Veteran this is shameful and Im on a mission to change it. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Do You Owe Your Severance Pay Back to the VA? Save my name, email, and website in this browser for the next time I comment. Of course, I dont give legal advice on the Veterans Law Blog. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. She has always had a passion for helping others and found inspiration from those she cared for. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Keep up the great work, and remember, the only way to lose is to give up! We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Below is the schedule for rating disability for Chronic Fatigue Sundrome. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). 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. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Without a CPAP machine, the VA assigns a 30% rating. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 The most trusted name in education-based resources for Veterans. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Which primary disabilities make the best claims for secondary service connection of sleep apnea? hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Kim was very helpful and any time I had a question she made sure I got an answer. The information contained on this web site is provided for informational purposes only and not legal advice. I got a 50% rating. I only have 50 days to file NOD, or file a BVA appeal within 1 year. I have a diagnosis and a CPAPwhy arent they granting my claim?. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. * How the VA willrate your sleep apnea condition after granting Service Connection. 2017-05-30T18:09:36-04:00 The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. If you use a CPAP machine, then this should warrant a 50% rating. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 7 0 obj This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Winning a VA claim to service connect sleep apnea is hard. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Save my name, email, and website in this browser for the next time I comment. The transmission of an email request for information does not create an attorney client relationship. And that means you are going to have to think through your sleep apnea claim. 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. Your email address will not be published. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Its one thing to give you the ingredients for a chocolate cake. Making the Sausage: Heres what you need to know about new VA Claims regulations. Your voice is important especially when it comes to your own health care. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Its almost as much work and it can often take as much dedication. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. Hot Dogs for Heroes 4th of July Event This Thursday! I believe that the VA and BVA do not take Sleep Apnea seriously. See R. at 8-9. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I dont know if Im authorize a second run at the DRO or go straight to BVA. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! How is Chronic Fatigue Syndrome Diagnosed? Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. See our tips on how to obtain a credible nexus letter. 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. Its over 165 pages long, and took 9 months of research. . Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Whats the VAs Problem with Sleep Apnea? If you use a CPAP machine, then this should warrant a 50% rating. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. * Damage to the brain from a TBI (Traumatic Brain Injury). 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! New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. See you on the inside! That is how I suggest you handle this situation. Sounds easy enough, right? 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. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 38 0 obj <> endobj 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). The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Just think about our veterans from older eras. *To prove your Sleep Apnea is service connected without a sleep study in the military? 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 hTOo0| This may be even easier for you now because of a new VA new rule as of August 2, 2021. Why? Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. I am also service connected for chronic bronchitis with a rating of 0 %. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Need help claiming this crucial part of your claim? In fact, sleep deprivation is a common form of torture, as many of us know all too well. You're not alone. See id. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. we represent clients nationwide. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Andmy sleep study was not done in the military.. 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.

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