They denied extra physical therapy. fight to get their sleep apnea service-connected. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. (In many cases, amedical expert report or opinion may be crucial to success). * 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). 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. Any advice on getting sleep apnea service connected? I disagree. 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. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . And that means you are going to have to think through your sleep apnea claim. Wc%X$(:ss!LCO^?4d *$ 38 U.S.C.A. With lay evidence AND medical evidence. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. about the threat of COVID-19 . * What if it wasnt diagnosed until years after service can I service connect it then? 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. I got a 50% rating. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. Your first step is to be absolutely sure about what type of apnea you have. Thousands of other Veterans in our Community are here for you. Of course, I dont give legal advice on the Veterans Law Blog. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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 Instead, the leading cause of sleep apnea is weight gain. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! VA claim for sleep apnea denied? %%EOF People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Thats $901.83 a month. But most veterans are not service-connected for this sinus condition. I believe that the VA and BVA do not take Sleep Apnea seriously. Youre welcome, Sam! Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Hence, the weight gain. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. The VA uses two options for rating most sleep apnea claims. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV 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 represent clients nationwide. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. Do You Owe Your Severance Pay Back to the VA? 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. She has always had a passion for helping others and found inspiration from those she cared for. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! FREE tips for Veterans to stay Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. They were at all times attentive and on top of my case. Theres lots of literature available to back it up. I can teach you how to do that. If you have this condition, it causes the throat muscles to relax while sleeping. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 2017-05-30T18:09:36-04:00 Our firm was founded in 1986 in Orlando, Florida. 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. Winning a VA claim to service connect sleep apnea is hard. 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. Winning a VA Sleep Apnea is much harder. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. 38 0 obj <> endobj endstream Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I also have central and obstructive sleep apnea which has been denied service connection. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. Need a C&P exam for sleep apnea secondary to PTSD? How to Get a 100 Percent VA Rating (if deserved)! I filed NOD in early 2017 request an informal DRO. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. We offer free resources and expertise to empower all Veterans. 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. 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. yet assertive representation for our clients. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Keep up the great work, and remember, the only way to lose is to give up! Thats what Sleep Apnea does while you are sleeping, you stop breathing. * Can I service connect sleep apnea without a sleep study in service? Do you have questions about how to service connect sleep apnea claims? 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. You cut off oxygen to the brain and blood, and other body systems break down. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. NOW ITS YOUR TURN. A noticeable sign of obstructive sleep apnea is snoring. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. 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). 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. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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). In my book Put it to Rest! without his BI-PAP MACHINE,one up from CPAP,which i have. Those are the ingredients. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. Without a CPAP machine, the VA assigns a 30% rating. Both sinusitis and rhinitis are linked to sleep apnea. The VA uses two options for rating most sleep apnea claims. 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. These pauses can happen several times an hour when the apnea is severe. sleep apnea is not the kind of disability associated with a wounded warrior. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Estimate your 2023 VA Rating & Compensation for FREE! This may be even easier for you now because of a new VA new rule as of August 2, 2021. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. * WHAT evidencetouseandwhich path to Service Connectionto use. The problem is that many disabilities that arise in service are not actually diagnosed in service. How to File a Claim on VA.gov (step-by-step)! If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Required fields are marked *. Sleep apnea is a medically complex disorder. 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. 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. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. How you mix them is the hard part. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. My sleep apnea is worsened when I lie on my back and I still have loss of breath. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. However, if you use one, it does provide you with a higher rating. 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). It only took three months. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. z`tsd#Ex>@"A"M@+5;$ Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Its over 165 pages long, and took 9 months of research. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 203, San Jose, CA 95134 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. Weight gain can be tied to several different conditions. 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. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. If you use a CPAP machine, then this should warrant a 50% rating. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! YEP!!! If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. This is described as being foggy by patients. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. I dont know if Im authorize a second run at the DRO or go straight to BVA. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Chris, thank you for the posts and training videos you are providing to veterans. sleep apnea is DEADLY, my brother in law went out CAMPING. This is where I come in. Without a CPAP machine, the VA assigns a 30% rating. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Both anxiety and depression can also be linked to sleep apnea. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Did the VA Benefit of the Doubt Rule just disappear? Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If you are lucky, you start breathing again. Department of Veterans Affairs Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. See our article Burn Pit Presumptive Conditions. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Ann Margaret really took the time to explain things to me. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. I awake countless time at night due to this. This field is for validation purposes and should be left unchanged. Are you a veteran who suffers from sleep apnea? And that means you are going to have to think through your sleep apnea claim. BVA Decision endobj Jason Perkins, was my lawyer in a workers comp. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. 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). 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Its one thing to give you the ingredients for a chocolate cake. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Source: Department of Veteran Affairs Regional Office New Orleans, LA. In order to help you with your secondary claim, we have put together this Insiders Guide! We see that quite often with sleep apnea claims. FREE tips for veterans to stay protected, calm and informed You're not alone. This field is for validation purposes and should be left unchanged. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. endstream endobj 43 0 obj <>stream Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Learn more about us, Veterans Disability Claim In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. It is the only thing that kept in the fight and especially it keeps sane and focus. 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. See our tips on how to obtain a credible nexus letter. We can helpreach out so we can show you how. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. See you on the inside! %PDF-1.4 % Anxiety and depression can interfere with sleep patterns. 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! Were Veterans, just like you, whove learned how to navigate within the VA system. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. * 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. Make sure to have your sleep study done. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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.
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service connection for sleep apnea is granted