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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. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Therefore you should be well prepared before submitting your claim. 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 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. 2 0 obj Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. (In many cases, amedical expert report or opinion may be crucial to success). Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Its almost as much work and it can often take as much dedication. I told you at the beginning I wantto change your thinking. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Its one thing to give you the ingredients for a chocolate cake. * How do I appeal the VAs denial of my Sleep Apnea? 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. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Below is the schedule for rating . OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Also sinusitis, rhinitis, hypertension. %%EOF 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. <>stream Veterans Benefits Network-Sleep Apnea secondary to Service Connected * Damage to the brain from a TBI (Traumatic Brain Injury). All Rights Reserved. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. 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). 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. 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. YEP!!! I think that far too many raters and BVA judges think of sleep apnea as made up medicine. %PDF-1.4 You cut off oxygen to the brain and blood, and other body systems break down. * 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. * How the VA willrate your sleep apnea condition after granting Service Connection. 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. 38 U.S.C.A. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Chills and night sweats as well as low-grade fevers. When I turned my case over to Jason things turned around, QUICK. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Digestion issues like IBS (irritable bowel syndrome). endstream * WHAT evidencetouseandwhich path to Service Connectionto use. 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 Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Of course, I dont give legal advice on the Veterans Law Blog. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Sounds easy enough, right? b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Since there is no cure for CFS the treatment focuses on relief of the symptoms. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. A nexus letter is often the missing link in a VA claim. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. 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? Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. endobj I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Worsening of symptoms after activities. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 endstream endobj startxref I also have central and obstructive sleep apnea which has been denied service connection. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 2023-03-04T21:20:56-05:00 UNFORTUNATELY HE DIED.! 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. There are 3 ways to get it: Chris, * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Required fields are marked *. 0 Is Sleep Apnea a Disability? A Guide for Veterans You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. 4 0 obj 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. VA Disability Ratings for Hypertension and Sleep Apnea OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. But remember the ultimate goal to win your VA disability compensation claim. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Hot Dogs for Heroes 4th of July Event This Thursday! This is what is called the Nexus. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 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. 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. That said, the key here is making the connection from service to diagnosis. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Your first step is to be absolutely sure about what type of apnea you have. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Dear Mr Attig: Jason Perkins, was my lawyer in a workers comp. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 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. Second example.lets say the veteran has service connection for PTSD. Thousands of other Veterans in our Community are here for you. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Obstructive sleep apnea (OSA) is the most common type of sleep apnea. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Board of Veterans' Appeals 8 0 obj But if your body cannot get sleep, you will die. Since that time, we have provided compassionate How to Get a 100 Percent VA Rating (if deserved)! 3. 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. 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. I filed NOD in early 2017 request an informal DRO. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. endstream 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. Secondary Service Connection As this represents a total grant . sleep apnea is DEADLY, my brother in law went out CAMPING. 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. Was your obstructive sleep apnea (OSA) VA claim denied? about the threat of COVID-19 and Coronavirus. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. But most veterans are not service-connected for this sinus condition. Contact Us By doing this your claim will have the best chance possible. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. How to Connect Sleep Apnea to Military Service. 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.. There are three types, obstructive, central, and mixed. 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. I have sleep apnea diagnosed by the VA sleep study. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. 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. 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). It's almost as much work - and it can often take as much dedication. Why? ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. The BEST Path to Proving Sleep Apnea is Service Connected. See our tips on how to obtain a credible nexus letter.