(The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Favorable BVA Case Law Precedent Example #2: Theres lots of literature available to back it up. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. This field is for validation purposes and should be left unchanged. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. The question raised in this case is whether this "intermediate step" is limited to . If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. 4 0 obj This is described as being foggy by patients. Check out the Sleep Apnea Field Manual. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Kim was very helpful and any time I had a question she made sure I got an answer. <>stream endstream
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Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Will be some time before answer but getting all the info I can. In fact, sleep deprivation is a common form of torture, as many of us know all too well. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, I talked to several doctors and sleep experts. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). protected, calm and informed Excessive daytime sleepiness is the most noticeable signal for those who live alone. z`tsd#Ex>@"A"M@+5;$ 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. This field is for validation purposes and should be left unchanged. THANK YOU AGAIN. 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 Take advantage of a FREE VA Claim Discovery Call. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. I believe the two are connected. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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). * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Proving Service-Connection for Sleep Apnea. 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). I spoke with DRO via phone for 5min confirming she received my NOD and evidence. I have sleep apnea and emphysema. FREE tips for veterans to stay protected, calm and informed 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. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Scenario 2: The Veteran has a current diagnosis of sleep apnea. Please call for an appointment before visiting: Mail Processing Center: P.O. We would be happy to talk to you. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Its an essential piece of evidence. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Just think about our veterans from older eras. Winning a VA Sleep Apnea is much harder. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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 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. 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.. Also see our post What is a Service-Connected Disability? 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. 8 0 obj We offer free resources and expertise to empower all Veterans. 3. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. If you use a CPAP machine, then this should warrant a 50% rating. The same can be said about service-connected mental health conditions. This may be 20 or 30 years after the problems started. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 2017-05-30T18:09:36-04:00 A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. What about PTSD? The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Make sure to have your sleep study done. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. BVA Decision How to Hire an Attorney For Your VA Claim or Appeal. There are three types, obstructive, central, and mixed. I recommend Perkins Law Firm. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Estimate your 2023 VA Rating & Compensation for FREE! Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. 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. By doing this your claim will have the best chance possible. 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. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. I have sleep apnea diagnosed by the VA sleep study. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 1 0 obj In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. 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. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. I tried going it alone and the insurance carrier pushed me around. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Keep us posted Im eager to hear how it turns out! Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Did the VA Benefit of the Doubt Rule just disappear? Its one thing to give you the ingredients for a chocolate cake. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . endobj f%Ygaz~u&d_',BB)Kw4(wb B
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t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. We cant possibly cover each of those and the ways to service connect all of them in this one article. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. 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. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Its almost as much work and it can often take as much dedication. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Camp Lejeune Lawsuit. Instead, the leading cause of sleep apnea is weight gain. That is how I suggest you handle this situation. Both anxiety and depression can also be linked to sleep apnea. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 FREE tips for Veterans to stay This is in order to be officially diagnosed. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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). Was your obstructive sleep apnea (OSA) VA claim denied? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 7 0 obj The VA uses two options for rating most sleep apnea claims. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. In our experience, most VA disability claims are won or lost based on medical evidence. In order to help you with your secondary claim, we have put together this Insiders Guide! uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Everyone I came in contact with there was very nice. Give us a call at 800-477-9027 to see if we can help you. Hence, the weight gain. 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. 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. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Thats $901.83 a month. Worsening of symptoms after activities. Just had C& P exam for sleep apnea. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Honestly, they are just saying it. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. 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. I am service connected for chronic sinusitis with a 30% rating. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. .
lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Also sinusitis, rhinitis, hypertension. 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. 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. My claim was approved first time submitting. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Both sinusitis and rhinitis are linked to sleep apnea. VA Claims insider is an education-based coaching/consulting company. Those are the ingredients. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. No current sleep study within the last 12 months, #2. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. They were at all times attentive and on top of my case. . 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. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Copyright 2023 VA Claims Insider, LLC. about the threat of COVID-19 and Coronavirus. 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. And you are going to have to presentit neatly andpersuasivelyto the VA. I also have central and obstructive sleep apnea which has been denied service connection. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0
* The importance ofamedical expert opinion in your Sleep Apnea claim. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Need a C&P exam for sleep apnea secondary to PTSD? Wc%X$(:ss!LCO^?4d *$
The VA uses two options for rating most sleep apnea claims. injury case. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. (In many cases, amedical expert report or opinion may be crucial to success). See id. * What if it wasnt diagnosed until years after service can I service connect it then? You are going to have to think through your case as objectively as you possibly can. How to Hire an Attorney For Your VA Claim or Appeal. However, most of the time, sleep apnea is a secondary claim. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. OY&/Ov{"3 tz0{r
F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. As this represents a total grant . How to Get a 100 Percent VA Rating (if deserved)! By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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.. I did not have a va physical until about 13 years after seperation from service.
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