service connection for sleep apnea is granted

Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. 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. 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. How to Hire an Attorney For Your VA Claim or Appeal. 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. 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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. This means they make their claim without providing much proof. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. about the threat of COVID-19 and Coronavirus. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. Its one thing to give you the ingredients for a chocolate cake. Youre welcome, Sam! However, this has been thoroughly disproven. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Andmy sleep study was not done in the military.. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. Tender lymph nodes usually in the neck and underarms. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. I have sleep apnea and emphysema. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. If you are hurt at work, this is the firm you want on YOUR side. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. 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. This field is for validation purposes and should be left unchanged. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. 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. 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. endobj Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. You're not alone. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Copyright 2023 VA Claims Insider, LLC. Its an entirely different thing to mix those ingredients so that they turn into a cake. Your email address will not be published. Everyone I came in contact with there was very nice. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches The VA classifies Sleep Apnea as a disability for which compensation is granted. Department of Veterans Affairs I awake countless time at night due to this. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. Your email address will not be published. . 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. I filed to reopen my SA claim in 2016. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Winning a VA Sleep Apnea is much harder. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. That said, the key here is making the connection from service to diagnosis. This is where I come in. %PDF-1.4 % Estimate your 2023 VA Rating & Compensation for FREE! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. application/pdf * How the VA willrate your sleep apnea condition after granting Service Connection. Chills and night sweats as well as low-grade fevers. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. What about PTSD? VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. (In many cases, amedical expert report or opinion may be crucial to success). Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. My sleep apnea is worsened when I lie on my back and I still have loss of breath. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 What the doctor may do is multiple laboratorytests to rule out some other underlying cause. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Learn how your comment data is processed. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. When I turned my case over to Jason things turned around, QUICK. She has always had a passion for helping others and found inspiration from those she cared for. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. The information contained on this web site is provided for informational purposes only and not legal advice. 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. yet assertive representation for our clients. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. I was diagnosed with OSA 10 years after separation. 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. Youre arent alone. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Chris, thank you for the posts and training videos you are providing to veterans. VA Claims insider is an education-based coaching/consulting company. I have a diagnosis and a CPAPwhy arent they granting my claim?. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. If you use a CPAP machine, then this should warrant a 50% rating. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w If you are already service-connected for your knees or your back, you are likely not as active as you once were. The rate was a staggering 22%. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Why? It's almost as much work - and it can often take as much dedication. 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. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. In order to help you with your secondary claim, we have put together this Insiders Guide! about the threat of COVID-19 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. * What if it wasnt diagnosed until years after service can I service connect it then? Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. fight to get their sleep apnea service-connected. 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. Learn how your comment data is processed. 3. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v However, the VA. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. How to Connect Sleep Apnea to Military Service. Your first step is to be absolutely sure about what type of apnea you have. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. %%EOF They were at all times attentive and on top of my case. 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. Kim was very helpful and any time I had a question she made sure I got an answer. 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. 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. * 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. FREE tips for Veterans to stay This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. * Can I service connect sleep apnea without a sleep study in service? These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Therefore you should be well prepared before submitting your claim. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. %PDF-1.4 I did not have a va physical until about 13 years after seperation from service. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 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. Wc%X$(:ss!LCO^?4d *$ Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. This is described as being foggy by patients. Dear Mr Attig: Below is the schedule for rating disability for Chronic Fatigue Sundrome. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. % All Rights Reserved. Second example.lets say the veteran has service connection for PTSD. Yi-bR :z>r6iFR Obstructive sleep apnea (OSA) is the most common type of sleep apnea. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. 4 0 obj Do You Owe Your Severance Pay Back to the VA? Just had C& P exam for sleep apnea. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 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. 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. and Coronavirus. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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. z`tsd#Ex>@"A"M@+5;$ 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. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. I am service connected for chronic sinusitis with a 30% rating. endstream endobj 43 0 obj <>stream I told you at the beginning I wantto change your thinking. 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. 8 0 obj Will be some time before answer but getting all the info I can. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. But remember the ultimate goal to win your VA disability compensation claim. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Viet Nam Vet. Microsoft Word 2010 The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . caused or made worse by your active duty military service OR. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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). Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. How to Hire an Attorney For Your VA Claim or Appeal. <>stream Did the VA Benefit of the Doubt Rule just disappear? It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Were Veterans, just like you, whove learned how to navigate within the VA system. 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. If you have this condition, it causes the throat muscles to relax while sleeping. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. However, if you use one, it does provide you with a higher rating. Nexus is simply a connection or series of connections linking two or more things. I am also service connected for chronic bronchitis with a rating of 0 %. * Can Agent Orange cause Sleep Apnea? If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Make sure to have your sleep study done. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Your voice is important especially when it comes to your own health care. Estimate your 2023 VA Rating & Compensation for FREE! From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. I dont know if Im authorize a second run at the DRO or go straight to BVA. NOW ITS YOUR TURN. There are three types, obstructive, central, and mixed. You can subscribe to his Veterans Disability channel on YouTube. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. 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. With lay evidence AND medical evidence. 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. Physical therapy can be given to help maintain and improve mobility. This field is for validation purposes and should be left unchanged. I tried going it alone and the insurance carrier pushed me around. But most veterans are not service-connected for this sinus condition. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Want More Information about VA Sleep Apnea? Instead, the leading cause of sleep apnea is weight gain. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. By doing this your claim will have the best chance possible. It is the only thing that kept in the fight and especially it keeps sane and focus. How to Get a 100 Percent VA Rating (if deserved)! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Template for processing Decision or Remand If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 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. It only took three months. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Sounds easy enough, right? As a fellow disabled Veteran this is shameful and Im on a mission to change it. 203, San Jose, CA 95134 Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114